Walker v. Board of Education

Order unanimously reversed, without costs, and petition dismissed, without prejudice to any administrative action deemed advisable. Memorandum: Respondent appeals from an order denying its motion to dismiss petitioners’ CPLR article 78 petition challenging its decision to close Hillside Elementary School and to reassign the students to other schools in the district. Respondent contends that review of the school closing decision is within the exclusive jurisdiction of the Commissioner of Education and is not initially reviewable in a CPLR article 78 proceeding (Education Law, § 310). The…