An appeals court has thrown out a lawsuit challenging whether state funds earmarked for class size reduction were properly used, marking another legal victory for the city Department of Education.

The suit was filed by the United Federation of Teacher and NAACP.

The court ruled the state education commissioner was selected to oversee how the funds are used.

Schools Chancellor Dennis Walcott released a statement saying the suit was without merit and that the DOE is committed to minimizing the growth of class size.