Mitchell v. Board of Education

Appeal by petitioner from an order denying his motion for a peremptory mandamus order directing defendant board of education to reinstate him as a teacher as of April 1, 1936, and to pay him a balance of salary alleged to be due him for June, 1936, and salary for the remainder of the period of suspension. Order unanimously affirmed, without costs, as a matter of law and not in the exercise of discretion. Subdivision 3-e of section 872 of the Education Law, so far as it is procedural, is retroactive. (Kugel v. Telsey, 250 App. Div. 638, and cases there cited.) Any amendments of the Education…