Board of Education of Central School District No. 1 v. Allen

Appeal from an order of the Supreme Court which dismissed a proceeding under article 78 of the Civil Practice Act to review a determination of the Acting Commissioner of Education.

A teacher was appointed by the appellant Board of Education to serve for a probationary period of three years. After she had served two years the board determined to discharge her without the recommendation of the district superintendent. She appealed to the Commissioner of Education and the acting commissioner ordered her reinstated upon the ground that the board had acted without the recommendation of the district…