People Ex Rel. Peixotto v. . Bd. of Education
New York Court of Appeals
Appeal from an order-of the Appellate Division of the Supreme Court in the first judicial department, entered March 19, 1914, which reversed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the defendant to reinstate the relator as a teacher in the public schools of the city of New York and denied said motion. The facts, so far as material, are stated in the opinions. Mandamus is the proper remedy for the relief herein sought.
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Appeal from an order-of the Appellate Division of the Supreme Court in the first judicial department, entered March 19, 1914, which reversed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the defendant to reinstate the relator as a teacher in the public schools of the city of New York and denied said motion. The facts, so far as material, are stated in the opinions. Mandamus is the proper remedy for the relief herein sought. (Matter of Mayor, etc., 49 N. Y. 150; People ex rel. Miller v. Peck, 73 App. Div. 89; People ex rel. Brink v. Way, 92 App. Div.…
1Opinion of the CourtCuddeback, J.
The proceeding of the board of education involved simply a matter of school discipline, and it is not subject to review by mandamus.
Section 1093 of the New York charter provides that a district superintendent may prefer charges to the board of education against a teacher in the public schools for gross misconduct, insubordination, neglect of duty, or general inefficiency. The board of education on receiving such charges may try the case or refer it to a committee. But the penalty of dismissal can be imposed only on a majority vote of all the members of the board. The law also provides that…
2Cases cited3 opinions
- People Ex Rel. Kennedy v. . BradyNew York Court of Appeals · 1901
- People Ex Rel. Empire City Trotting Club v. State Racing CommissionNew York Court of Appeals · 1907
- Dill v. WheelerNew York Court of Appeals · 1906
3Cited by31 opinions
- Bullock v. . CooleyNew York Court of Appeals · 1919
- O'Connor v. EmersonAppellate Division of the Supreme Court of the State of New York · 1921
- Gimprich v. Board of EducationNew York Court of Appeals · 1954
- Barringer v. . PowellNew York Court of Appeals · 1920
- State ex rel. Early v. WunderlichSupreme Court of Minnesota · 1920
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