Board of Education of Community School District No. 24 v. Fernandez

—In an action for a judgment declaring void and unenforceable Regulation C-30 issued by the Chancellor of the City School District of the City of New York, the plaintiff appeals from an order of the Supreme Court, Queens County (LeVine, J., on order; Santucci, J., on decision), dated March 12, 1992, which denied the plaintiff’s motion for summary judgment and granted the defendant’s cross motion for summary judgment dismissing the complaint.

Ordered that the order is modified, on the law, by deleting the provision thereof dismissing the complaint; as so modified, the order is affirmed, with…