Taylor v. Board of Education

Petitioner seeks relief under article 78 of the Civil Practice Act. There is some question as to the right of the court to receive the affidavit of one Herbert C. Clish, Superintendent of Schools of the City of New Rochelle. Strict reading of section 1291 of the Civil Practice Act would seem to require that affidavits supplementing the return must be served, with the return, and then only to show such evidentiary facts as shall entitle the respondent to a trial of an issue or issues of facts. The affidavit was not served with the answer or return but later and counsel concede that there is no…