Mandell v. Board of Education

OPINION OF THE COURT

Seymour Boyers, J.

This is an action to declare section 492 (A) of the by-laws of the Board of Education of the City of New York unconstitutional, and for related relief. Plaintiff moves, and defendant cross-moves, for summary judgment.

*481The facts are not in dispute. Plaintiff was appointed by the Board of Education of the City of New York as a teacher of Common Branches in September of 1968 and held that position until June, 1970 at which time she resigned in order to accompany her husband to Maryland. Prior to her resignation the plaintiff had advanced to salary step 2-B.…