McMaster v. Owens

At Special Term at Hudson Palls, New York, on June 19, 1948, respondents moved the dismissal of the petition herein. By leave of court, brief has been submitted in behalf of New York State Teachers Association, as amicus curies.

Respondents urge, and petitioners' do not disagree, that the alternative provision for appeal to the Commissioner of Education or by proceeding under article 78 of the Civil Practice Act contained in subdivision 4 of section 3013 of the' Education Law, applies only to removal proceedings envisaged by subdivision 3 of the same section. It may have been the legislative…