Appellate Division of the Supreme Court of the State of New York July 23, 1981 (Hogan v. Board of Education)

Appeal from an order and judgment of the Supreme Court at Special Term (Prior, Jr., J.), entered December 11,1980 in Albany County, which granted petitioners’ application, in a proceeding pursuant to CPLR article 78, to annul a determination of the respondent Acting Commissioner of Education. The essential facts are not in dispute.