MATTER OF ELMIRA BUS. INST. v. N.Y. ST. DEPT. OF EDUC., 70 N.Y.2d 758 (1987)

In the Matter of ELMIRA BUSINESS INSTITUTE, INC., Appellant, v. NEW YORK STATE DEPARTMENT OF EDUCATION et al., Respondents. (Proceeding No. 1.) In the Matter of ELMIRA BUSINESS INSTITUTE, INC., Appellant, v. NEW YORK STATE HIGHER EDUCATION SERVICES CORPORATION et al., Respondents. (Proceeding No. 2.)

Court of Appeals of the State of New York.Argued September 3, 1987
Decided October 6, 1987

Appeal from the Appellate Division of the Supreme Court in the

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Third Judicial Department, Con. G. Cholakis, J.

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Brendan C. O’Shea and Peter L. Danziger for appellant.

Robert Abrams, Attorney-General (Leslie B. Neustadt, O. Peter Sherwood and Peter H. Schiff of counsel), for respondents.

Order affirmed, with costs, for the reasons stated in the opinion by Justice Howard A. Levine at the Appellate Division (116 A.D.2d 133).

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.