Smith v. Board of Education

This is an application under article 78 of the Civil Practice Act for an order removing the named individual respondents from their positions as teachers of swimming and compelling the board of education to establish a proper list from which such appointments may be hereafter made.

There is no factual dispute. In July, 1941, the Board of Education for reasons of economy reduced the staff of teachers of swimming. The six individual respondents were among the group whose positions were abolished. The Board, in creating the preferred list for teachers of swimming under section 31 of the Civil…