Cavaioli v. Board of Trustees of the State University

— In an action, inter alia, for a judgment declaring Education Law § 355-a unconstitutional, plaintiffs appeal from an order and judgment (one paper) of the Supreme Court, Nassau County (Burke, J.), entered April 13, 1984, which, inter alia, granted defendants’ motion to dismiss the complaint.

Order and judgment modified, on the law, by (1) adding a provision declaring that Education Law § 355-a is constitutional, and (2) adding after "is hereby dismissed” the words "in all other respects on the merits” (see, Lanza v Wagner, 11 NY2d 317, 334, appeal dismissed 371 US 74, cert denied 371 US…