Legal Opinion

People ex rel. Peixotto v. Board of Education

Appellate Division of the Supreme Court of the State of New York

Decided February 6, 1914PublishedCited by 7 opinions

Appeal by the defendant, the Board of Education of the City of New York, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 21st day of November, 1913, granting a peremptory writ of mandamus commanding the appellant to reinstate the relator to the position of “teacher in charge ” of public school No. 14 in the borough of The Bronx, or to a corresponding position in any other school in…

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Appeal by the defendant, the Board of Education of the City of New York, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 21st day of November, 1913, granting a peremptory writ of mandamus commanding the appellant to reinstate the relator to the position of “teacher in charge ” of public school No. 14 in the borough of The Bronx, or to a corresponding position in any other school in said borough, “ together with all the salary due the said relator from April 22, 1913, the date on which she was…

1Opinion of the Court

Laughlin, J.:

The relator, for about eighteen years prior to the 3d day of February, 1913, was a teacher in the public schools of the city of ¡New York, and on that day she absented herself without leave and remained absent and was suspended by the district superintendent on the 22d day of April, 1913; and in a. communication notifying her of the suspension he stated that he had on that day preferred charges against her to the defendant “for neglect of duty.” On that day he did prefer to the defendant charges against the relator in writing of “ neglect of duty ” and assigned as a reason for…

2Cases cited2 opinions

  1. People ex rel. Miller v. PeckAppellate Division of the Supreme Court of the State of New York · 1902
  2. People ex rel. Walrath v. O'BrienAppellate Division of the Supreme Court of the State of New York · 1906

3Cited by7 opinions

  1. Richards v. District School BoardOregon Supreme Court · 1915
  2. Cannon v. TownerNew York Supreme Court · 1947
  3. Auran v. Mentor School District No. 1North Dakota Supreme Court · 1930
  4. McDowell v. Board of EducationNew York Supreme Court · 1918
  5. Bronson v. The Board of EducationNew York Supreme Court · 1930

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