MATTER OF NEHORAYOFF v. MILLS (N.Y. 2-8-2001)

IN THE MATTER OF ANDRE NEHORAYOFF, RESPONDENT, v. RICHARD P. MILLS, AS COMMISSIONER OF EDUCATION OF THE SMITH, LEVINE, STATE OF NEW YORK, ET AL., APPELLANTS.

Court of Appeals of the State of New York.
Decided February 8, 2001.

Chief Judge Kaye and Judges Wesley, Rosenblatt and Graffeo concur.

Opinion by Judge Ciparick.

Order reversed, with costs, and matter remitted to the Appellate Division, Third Department, for consideration of issues raised but not determined on the appeal to that court.