Opinion
May 18, 1967
Order, entered February 2, 1965, unanimously reversed and vacated, on the law, without costs or disbursements, and petition dismissed. There was no direction for the retirement of the petitioner as a teacher and Matter of Munter v. Gross ( 42 Misc.2d 690), cited by Special Term, is not controlling. The direction by the Superintendent of Schools was that the petitioner take a leave of absence because she was "unfit for duty on medical grounds." Such direction was properly grounded and the petitioner was not entitled to a hearing. (See Matter of Brown v. Board of Educ., 23 A.D.2d 850, affd. 16 N.Y.2d 1021; Matter of Pantaleo v. Board of Educ., 25 A.D.2d 752.)
Concur — Eager, J.P., Capozzoli, McNally, McGivern and Bastow, JJ.