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MATTER OF GROW SYS. SCH. v. BD. OF REGENTS

277 A.D. 122 (1950)

In the Matter of Grow System School by The Garford Lab., Inc., Appellant, v. Board of Regents of the University of the State of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 27, 1950.

Attorney(s) appearing for the Case

William J. A. Glancy and Isidor Enselman for appellant.

Charles A. Brind, Jr., (Robert C. Killough of counsel), for respondent.

BREWSTER and BERGAN, JJ., concur with DEYO, J.

DEYO, J.

This proceeding brings up for review the constitutionality of section 5001 of the Education Law insofar as it makes the Commissioner of Education's approval of the tuition to be charged one of the requisites for the issuance of a license to operate a trade school.

Petitioner has been operating a duly licensed beauty culture school since 1938. It has during this period, and in addition to the regular tuition, made charges to its students...

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