Peck v. Board of Education

Judgment unanimously reversed, with costs, and motion denied. Memorandum: Petitioner brought this CPLR article 78 proceeding to set aside the determination of respondents abolishing his position as supervisor of vocational education. The court below dismissed the petition as insufficient as a matter of law without a hearing on motion of respondents (CPLR 7804, subd [f]). Petitioner was employed by respondent board of education in 1965 as supervisor of vocational education. In 1970, a new position, supervisor of vocational education (Federal projects and equipment purchases), was created.…