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MATTER OF JADICK v. BD. OF EDUC. OF THE CITY SCH. DIST. OF BEACON

15 N.Y.2d 652 (1964)

In the Matter of Alexander Jadick, Appellant, v. Board of Education of the City School District of Beacon, Respondent.

Court of Appeals of the State of New York.

Decided December 3, 1964.

Attorney(s) appearing for the Case

John T. De Graff and Margrethe R. Powers for appellant.

Lloyd L. Rosenthal and Reginald H. Davies for respondent.

John E. Glenn for New York State Teachers Association, amicus curiæ.

Concur: Chief Judge DESMOND and Judges DYE, FULD, SCILEPPI and BERGAN. Judge VAN VOORHIS dissents in the following opinion in which Judge BURKE concurs.

Order reversed, with costs in all courts, and the prayer of the petition granted to the extent that petitioner be appointed nunc pro tunc as of July 1, 1962 to the position of principal of the Beacon six-year high school. We hold that on these facts such appointment is required as matter of law by subdivision 3 of section 2510 of the Education Law.

VAN VOORHIS, J. (dissenting).

It has been found as a fact by the trial court, affirmed by...

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