In re Board of Education

This is an appeal by the Board of Education of the City of New York from an order of the Albany Special Term of Supreme Court dismissing the proceeding for an order to annul the determination of the State Commissioner of Education on an appeal pursuant to section 890 of the Education Law. Respondent had thirty-three years of teaching service in the city of New York when, in 1939, the appellant Board of Education dismissed her from service. She was directed to report for a physical examination to the Medical Division of the appellant Board of Education. She refused to appear for such…