Board of Education of City School District v. Allen

In this proceeding pursuant to article 78 of the CPLB, petitioner, the Board of Education of the City of Poughkeepsie, New York, seeks to annul a determination made by respondent wherein he sustained the appeal of one Marlene Sperling from the action of petitioner denying her tenure as a teacher in petitioner’s school system. Bespondent has not interposed an answer but has filed objections in point of law and moves for an order pursuant to CPLB 7804 (subd. [f]), dismissing the petition on the ground that it does not state facts sufficient to entitle petitioner to the relief requested. The…