Iona College v. Nyquist

In this article 78 proceeding the petitioners seek to annul a determination of the respondent, the Commissioner of Education, whereby he concluded that one petitioner, Iona College (herein Iona), was ineligible for State aid available to certain private institutions of higher learning under section 6401 of the Education Law. Section 6401 authorizes the Commissioner to apportion and to pay public moneys to private institutions which satisfy the four conditions set forth in subdivision 2 thereof. Admittedly, Iona qualified insofar as incorporation by the Regents, the maintenance of degree…