Duncan v. Nyquist

Appeal from a judgment of the Supreme Court at Special Term, entered March 28, 1973 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of the Commissioner of Education. The respondent initially contends that judicial review of his decision is precluded by section 310 off the Education Law. It is now established that decisions of the commissioner involving the construction of a statute and questions of law will be reviewed by the courts upon the basis that if there has been error by the respondent in his…