Kirkland v. Board of Education

Order unanimously reversed, with costs, and application granted in accordance with the following memorandum: Plaintiff instituted this declaratory judgment action challenging as invalid the appointment of movant Wayne Howard as Director of Security of the Buffalo Board of Education, upon the ground that it violated the residency requirement of the ordinances of the City of Buffalo. Although the complaint demanded, among other relief, that Howard be removed from the position, he was not made a party to the action and was not advised of it until after plaintiff had been awarded partial summary…