Legal Opinion

In re the Application of Light

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898PublishedCited by 3 opinions

Appeal by the petitioners, Frederick D. Light and others, from • an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 2d day of February, 1898, denying their application for a writ of certiorari to review the action of the State Superintendent of Public Instruction in removing them from office as members of the board of education of the town of Dunkirk, in the county of Chautauqua.

1Opinion of the Court

Merwin, J.:

The appellants are five of the eight members of the board of education of Dunkirk union free school district as constituted by chapter 34 of the Laws of 1858, and the acts amendatory thereof. The district includes within its boundaries the city of Dunkirk.

In August, 1897, Julien T. Williams, who was then president of the board of education, applied, by petition and affidavit, to the Superintendent of Public Instruction for the removal of the appellants from their said office. The grounds for removal, as stated in the petition, are: “ First. Willful violation and neglect of duty as…

2Cases cited3 opinions

  1. People Ex Rel. Hart v. Board of Fire CommissionersNew York Court of Appeals · 1880
  2. Boechat v. BrownAppellate Division of the Supreme Court of the State of New York · 1896
  3. Livermore v. . BainbridgeNew York Court of Appeals · 1874

3Cited by3 opinions

  1. People Ex Rel. Light v. . SkinnerNew York Court of Appeals · 1899
  2. People ex rel. Merrall v. CooleyNew York Supreme Court · 1912
  3. People ex rel. Light v. SkinnerAppellate Division of the Supreme Court of the State of New York · 1899

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