Dubendorf v. New York State Education Department

Judgment unanimously modified and, as modified, affirmed, without costs, in accordance with the following memorandum: We agree with Special Term’s holdings that article 89 of the Education Law is constitutional and that the complaint should not be dismissed. Special Term erred, however, in directing an administrative hearing. The claims of plaintiffs involve alleged rights under a contract in which the State Education Department agreed to reimburse them for tuition and for maintenance costs in return for plaintiffs’ agreement to operate two not-for-profit facilities for the education and care…