Wood v. Board of Education

Appellate Division of the Supreme Court of New York

Wood v. Board of Education

267 A.D. 959, 47 N.Y.S.2d 221, 1944 N.Y. App. Div. LEXIS 5741

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 3, 1944

StatusPublished

Cited by2 cases

This text of 267 A.D. 959 (Wood v. Board of Education) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wood v. Board of Education, 267 A.D. 959, 47 N.Y.S.2d 221, 1944 N.Y. App. Div. LEXIS 5741 (N.Y. Ct. App. 1944).

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Opinion

In a proceeding to review a determination pursuant to article 78 of the Civil Practice Act, determination of respondent dismissing petitioner from his position as a teacher of swimming reversed on the law, with fifty dollars costs and disbursements to petitioner, and the matter remitted to the Board of Education of the City of New York with instructions to make findings of fact in support of whatever determination it may reach upon the evidence, with leave to the parties to introduce further evidence upon another hearing, if another hearing be had. The report of the trial committee did not include findings of fact, so that, in adopting the report without making findings of fact of its own, the dismissal was not predicated upon any factual basis. (Matter of Elite Dairy Products v. Ten Eyck, 271 N. Y. 488; N. Y. Water Service Corp. v. Water P. é C. Comm., 283 N. Y. 23; Matter of Guernsey Breeders Co-Op. V. Noyes, 284 N. Y. 197; Matter of Collins V. Behan, 285 N. Y. 187; Matter of French v. Livingston, 261 App. Div. 1049.) Close, P. J., Hagarty, Johnston, Adel and Lewis, JJ., concur.

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In a proceeding to review a determination pursuant to article 78 of the Civil Practice Act, determination of respondent dismissing petitioner from his position as a teacher of swimming reversed on the law, with fifty dollars costs and disbursements to petitioner, and the matter remitted to the Board of Education of the City of New York with instructions to make findings of fact in support of whatever determination it may reach upon the evidence, with leave to the parties to introduce further evidence upon another hearing, if another hearing be had. The report of the trial committee did not include findings of fact, so that, in adopting the report without making findings of fact of its own, the dismissal was not predicated upon any factual basis. (Matter of Elite Dairy Products v. Ten Eyck, 271 N. Y. 488; N. Y. Water Service Corp. v. Water P. é C. Comm., 283 N. Y. 23; Matter of Guernsey Breeders Co-Op. V. Noyes, 284 N. Y. 197; Matter of Collins V. Behan, 285 N. Y. 187; Matter of French v. Livingston, 261 App. Div. 1049.) Close, P. J., Hagarty, Johnston, Adel and Lewis, JJ., concur.

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Bluebook (online)

267 A.D. 959, 47 N.Y.S.2d 221, 1944 N.Y. App. Div. LEXIS 5741, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wood-v-board-of-education-nyappdiv-1944.

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