Fila v. Nyquist

This article 78 proceeding seeks to annul a decision of the Commissioner of Education which denied tenure to petitioner. The Board of Cooperative Educational Services (BOCES) was also named a party respondent. In the court’s view, BOCES was incorrectly made a party, but, upon request, was permitted to file a memorandum of law in support of the cross motion of the Department of Education to dismiss the petition.

In June, 1965 petitioner was appointed Director of the Four County Vocational Educational Program, a committee-like body created to study the vocational needs of the four Counties of…