Sechrest v. Board of Education of Union Free School District No. 21

The petitioner avails himself of the provisions of article 78 of the Civil Practice Act and seeks to be reinstated as a high school principal. The respondents, before answering, move to dismiss the petition and in support of the motion submit affidavits of an additional fact not appearing in the petition.

The motion must be made under section 1293 of the Civil Practice Act. It is in the nature of a demurrer and the petition must stand or fall by the strength of its own allegations which are, for the purposes of the motion, deemed to be true. Proof of additional facts by affidavit is not…