Gordon v. Board of Education

In this article 78 proceeding respondents move pursuant to CPLR 7804 (subd. [f]) for an order dismissing the petition on the ground that it does not state facts sufficient to entitle the petitioner to the relief requested.

Petitioner in this proceeding requests the court to annul as a matter of law petitioner ’s discharge by the respondent Board of Education on the ground of insubordination in his alleged failure and refusal to submit to a medical examination and to restore him to his teaching position with full pay as of January 31, 1964.

It is apparent that the only basis for his discharge…