In re King

This is an application under article 78 of the Civil Practice Act for an order directing the teachers’ retirement board to classify the petitioner as a “ present teacher ” under section 1092 of the Greater New York Charter.

The petitioner was first appointed a teacher in the board of education in 1900. In 1918 she ostensibly resigned her position by a resignation absolute in form and withdrew her contributions in the retirement fund. After an interval in private business, the petitioner was reappointed in 1919 as a “ new-entrant.” In 1923, upon a request for reconsideration, the teachers…