People ex rel. Horvay v. Board of Education
New York Supreme Court
Application by H. E. Horvay for writ of mandamus against the Board of Education. Alternative writ issued. Reversed on appeal to the Appellate Division (164 App. Div. 930, 149 N. Y. Supp. 558), on another ground.
1Opinion of the CourtErlanger, J.
[1] The relator is not entitled to a peremptory writ of mandamus upon the asserted ground that the abolition of his *66position was illegal, in that the respondent took action upon the report of its building committee rather than upon its own initiative. It appears from the petition, and with more particularity from the answering affidavit, that the recommendations of the committee were adopted and ratified; the abolition being in fact the act of the respondent. There can be no question of the latter’s power to investigate matters of administration through its committees. Charter, §,§ 1068,…
2Cases cited2 opinions
- Farrell v. Board of EducationNew York Supreme Court · 1910
- Farrell v. Board of EducationAppellate Terms of the Supreme Court of New York · 1910