Opinion
December 1, 1986
Appeal from the Supreme Court, Suffolk County (Lama, J.).
Ordered that the appeals from the order dated November 16, 1984, are dismissed, as that order was superseded by the amended order dated December 4, 1984; and it is further,
Ordered that the amended order dated December 4, 1984, is affirmed; and it is further,
Ordered that the petitioners-respondents are awarded one bill of costs, payable by the appellants.
The issue to be resolved in this proceeding namely, whether there was a takeover within the meaning of Education Law § 3014-b, is not solely within the special competence of the New York State Department of Education. Therefore, the doctrine of primary jurisdiction does not apply (cf. Matter of Patti Ann H. v. New York Med. Coll., 88 A.D.2d 296, 300, affd 58 N.Y.2d 734). This court has previously determined that the interpretation and application of Education Law § 3014-b are within the province of the courts (see, Matter of Sklar v. Board of Coop. Educ. Servs., 104 A.D.2d 622; Matter of Gill v. Dutchess County Bd. of Coop. Educ. Servs., 99 A.D.2d 836; Koch v. Putnam-Northern Westchester Bd. of Coop. Educ. Servs., 98 A.D.2d 311, lv dismissed 63 N.Y.2d 895; Matter of Acinapuro v. Board of Coop. Educ. Servs., 89 A.D.2d 329). Accordingly, Special Term did not err in refusing to defer jurisdiction to the New York State Commissioner of Education. Thompson, J.P., Niehoff, Rubin and Eiber, JJ., concur.