Opinion
Argued April 11, 1944
Decided May 18, 1944
Appeal from the Supreme Court, Appellate Division, Third Department.
Nathaniel L. Goldstein, Attorney-General ( Orrin G. Judd and Henry S. Manley of counsel), for appellant.
Benjamin C. Ribman, Myron M. Fineman and Horace M. Cohen for respondent.
Order of Appellate Division reversed and determination of the Board of Regents of the State of New York confirmed. The determination is supported by substantial evidence and the Appellate Division has no power under section 1296 of the Civil Practice Act to review such a determination "on the facts". ( Matter of Miller v. Kling, 291 N.Y. 65.) (See 293 N.Y. 589.)
Concur: LEHMAN, Ch. J., LOUGHRAN, LEWIS, CONWAY, DESMOND and THACHER, JJ. Taking no part: RIPPEY, J.