Coughlan v. Cowan

In this article-78 proceeding directed “ against a Board of Education and the Superintendent of Schools of the School District, the respondents have moved before answering, in the nature of a demurrer, to dismiss the petition on the grounds that it does not state facts sufficient to entitle the petitioner to the relief demanded or to any other relief on the merits; that it can adequately be reviewed by the Commissioner of Education and it involves issues, which under section 310 of the Education Law should properly be heard by the Commissioner of Education.

Before going to the sufficiency of…