People Ex Rel. Light v. . Skinner
New York Court of Appeals
Appeal from a final order of the Appellate Division of the-Supreme Court in the third judicial department, entered January 23, 1899, reversing, on certiorari, a determination of the-state superintendent of public instruction removing the relatora from office, and reinstating them. The facts, so far as material, are stated in the opinion.
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Appeal from a final order of the Appellate Division of the-Supreme Court in the third judicial department, entered January 23, 1899, reversing, on certiorari, a determination of the-state superintendent of public instruction removing the relatora from office, and reinstating them. The facts, so far as material, are stated in the opinion. By reason of section 1 of title 14 of the Consolidated School Law, the state superintendent is vested with sole power to determine whether the. violation of duty by the relators was willful, and under this provision the courts of this state are without power…
1Opinion of the CourtO’Brien, J.
The relators were members of the board of education of the union free school district of Dunkirk, having been duty elected as provided by law. This school district was created and organized by a special act of the legislature. (Chap. 34, Laws of 1858, as amended by chap. 169, Laws of 1875.) The members of the board were removed from office for willful misconduct in their official capacity by the state superintendent of public instruction. The decision or order of the superintendent which disclosed his official action in this respect bears date September 4th, 1897. The members of the board…
2Cases cited2 opinions
- In re the Application of LightAppellate Division of the Supreme Court of the State of New York · 1898
- People ex rel. Light v. SkinnerAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by9 opinions
- Bullock v. . CooleyNew York Court of Appeals · 1919
- Nyboe v. AllenAppellate Division of the Supreme Court of the State of New York · 1958
- Matter of Paladino v. Board of Educ. for the City of Buffalo Pub. Sch. Dist.Appellate Division of the Supreme Court of the State of New York · 2020
- People ex rel. Merrall v. CooleyNew York Supreme Court · 1912
- In re of O'NeilNew York Supreme Court · 1911
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