Nash v. Board of Education

Judgment is granted to petitioner for the relief demanded in the petition.

The respondents served their answer in this proceeding under CPLB article 78 pursuant to the order of this court dated June 6, 1973, following its decision dated May 23, 1973 (75 Misc 2d 375), which summarized the dispute. The answer, as amended by the withdrawal of an affirmative defense, does not put any issues of fact in issue which require trial. It does put in issue the legal effect of section 2510 (subd. 3) of the Education Law and calls upon the court to state whether that statute confers upon a nontenured or…