Marasco v. Areson

This is a proceeding under article 78 of the Civil Practice Act, in which petitioner is seeking reinstatement to the position of chief clerk at the State Agricultural and Industrial School at Industry, New York. Upon the return day of the application before the Special Term, Justice Van Voorhis. deemed it inappropriate to dispose of certain questions of fact on the pleadings, and consequently directed trial pursuant to section 1295 of the Civil Practice Act.

The record now before the court, which by stipulation includes all the pleadings had and taken under three other contemporaneous…