Spilka Bus Corp. v. Board of Education

Proceeding pursuant to CPLR article 78 to review a determination of the respondents which rescinded petitioner’s pupil transportation contract. Determination confirmed and proceeding dismissed op the merits, with costs. Initially, we *854note that the petition raises both issues of fact and law. Under such circumstances, it is clear that the proceeding was properly transferred by Special Term to this court for disposition in the first instance (CPLR 7804, subd [g]; Matter of Mistier v Tofany, 39 AD2d 710; cf. Matter of Posh Bagel v Board of Health of County of Westchester, 75 AD2d 898). There is…