MATTER OF PACOS v. HUNTER

Appeal dismissed, with costs, in the following memorandum: This appeal is taken as of right upon the ground that a substantial constitutional question is presented. As we read the petition, it fails to state facts sufficient to constitute an issue to be tried either by the Commissioner of Education or the courts regardless of section 2037 of the Education Law. Consequently, no constitutional question is presented and for that reason the appeal is dismissed.