MTR. OF WIDGER v. BD. OF EDUC.


35 Misc.2d 529 (1962)

In the Matter of Jack E. Widger, Petitioner, v. Board of Education of Central School District No. 1 of Towns of Ellicottville and Other Towns, Respondent.

Supreme Court, Cattaraugus County.

July 27, 1962


Attorney(s) appearing for the Case

Musacchio & Pyle for petitioner. Jeremiah J. Moriarty for respondent.


MICHAEL CATALANO, J.

The petitioner seeks to restrain the respondent Board of Education from exercising any jurisdiction over him in hearing charges signed and filed by all of the individual members of said board, "seeking the dismissal or other punishment" of the petitioner pursuant to subdivisions 2 and 3 of section 3013 of the Education Law.

The board counter-moves to dismiss the petition as a matter of law because of insufficiency.

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