Legal Opinion

High v. Board of Education

New York Supreme Court

Decided August 22, 1938PublishedCited by 26 opinions

1Opinion of the CourtDaly, J.

This is an application, pursuant to article 78 of the Civil Practice Act, to reinstate the petitioner as principal of the Great Neck High School and for other relief.

The respondent by cross-motion, pursuant to section 1293 of the Civil Practice Act, seeks to dismiss the petition as a matter of law.

The question to be decided herein is whether petitioner is entitled to tenure under section 312-a of the Education Law of the State of New York.

The petition, for the purposes of this motion, must be accepted as true. The principal allegations thereof, in so far as advertence thereto is necessary in…

2Cases cited3 opinions

  1. O'Connor v. EmersonAppellate Division of the Supreme Court of the State of New York · 1921
  2. Cooke v. DodgeNew York Supreme Court · 1937
  3. Matter of Becker v. EisnerNew York Court of Appeals · 1938

3Cited by26 opinions

  1. MATTER OF BERGSTEIN v. Bd. of Educ.New York Court of Appeals · 1974
  2. Anderson v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1974
  3. Legislative Conference v. Board of Higher EducationAppellate Division of the Supreme Court of the State of New York · 1972
  4. Weinbrown v. Board of Education of Union Free School District No. 15New York Court of Appeals · 1971
  5. Mulholland v. Board of Education of Yorktown Central School District No. 2New York Supreme Court · 1972

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