Lowell School, Inc. v. Ambach

Appeal from a judgment of the Supreme Court at Special Term (Hughes, J.), entered November 22, 1982 in Albany County, which, in a proceeding pursuant to CPLR article 78, mandated that a hearing be conducted by respondents in accordance with the State Administrative Procedure Act with regard to factual issues underlying the recomputation of the tuition rate allowed for petitioner for the 1976-1977, 1977-1978 and 1978-1979 school years. At issue on this appeal is whether Special Term erred in directing an administrative evidentiary hearing to consider petitioner’s protest to respondents’ audit…