Board of Education of Union Free School District No. 3 v. Nyquist

Appeal from a judgment of the Supreme Court at Special Term, entered July 27,1973 in Albany County, which dismissed, on the merits, petitioner’s application and the intervenors’ cross application, in a proceeding pursuant to CPLR article 78, challenging a decision of the Commissioner of Education. The judgment should be affirmed (see Matter of J ohnson v. Nyquist, 46 A D 2d 930). Judgment affirmed, without costs. Staley, Jr., J. P., Sweeney, Kane, Main and Reynolds, JJ., concur.