Emminger v. Education Department

Peters, J. Appeal from a judgment of the Supreme Court (Connor, J.), entered April 26, 1994 in Albany County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent Commissioner of Education denying petitioner’s request for provisional teaching certification in the area of earth science.

Upon graduation from college, petitioner applied to respondent State Education Department (hereinafter SED) for provisional certification to teach in the fields of general science, biology and earth science. Petitioner was provisionally…