Ferncliff Manor for Retarded, Inc. v. Ambach

— Yesawich, Jr.,. J.

Appeal from a judgment of the Supreme Court at Special Term (Bradley, J.), entered October 25, 1984 in Albany County, which dismissed petitioner’s application, in a proceed*842ing pursuant to CPLR article 78, to annul a determination of respondent revising petitioner’s tuition and maintenance rates for the 1979-1980 school year.

Petitioner is a private residential school for mentally retarded children. Pursuant to Education Law article 89, petitioner receives reimbursement from school districts and other governmental entities for the children’s tuition and maintenance at rates…