Nash v. Board of Education

This motion for a judgment, pursuant to CPLR 7804 (subd. [f]), dismissing the petition herein and this proceeding, upon the ground that the maintenance of this proceeding and the granting of the relief sought herein is barred by the provisions of CPLR 7801 (subd. 1), since adequate alternative relief is available to petitioner by way of an appeal to the Commissioner of Education pursuant to the provisions of section 310 of the Education Law is denied.

In this proceeding under CPLR article 78, a probationary school teacher sues to compel a board of education to reinstate him to a post as a…