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Matter of Ragsdale v. Board of Education

Court of Appeals of the State of New York
Mar 5, 1940
26 N.E.2d 277 (N.Y. 1940)

Opinion

Argued January 23, 1940

Decided March 5, 1940

Appeal from the Supreme Court, Appellate Division, First Department, WASSERVOGEL, J.

William C. Chanler, Corporation Counsel ( Samuel J. Silverman and Paxton Blair of counsel), for appellant. Maurice Weiss and Thomas B. Dyett for respondent.


Petitioner is an employee of the Board of Education of the city of New York which fixed his salary under the authority provided in sections 883 and 887 of the Education Law (Cons. Laws, ch. 16). The right of the Board so to do was exclusive. The Board of Education is not a department of the city of New York ( Matter of Divisich v. Marshall, 281 N.Y. 170, 173). Under those circumstances, petitioner is not a "person in the service of the city re-employed or reinstated * * * to the same or similar position he formerly held in the same or any other department of the city" within the salary protection of the provisions of Local Law No. 26 of the City of New York for the year 1937 (Administrative Code, § B40-6.1, p. 1170; L. 1937, ch. 929).

The orders should be reversed and the petition dismissed, with costs in all courts.

LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, SEARS, LEWIS and CONWAY, JJ., concur.

Orders reversed, etc.


Summaries of

Matter of Ragsdale v. Board of Education

Court of Appeals of the State of New York
Mar 5, 1940
26 N.E.2d 277 (N.Y. 1940)
Case details for

Matter of Ragsdale v. Board of Education

Case Details

Full title:In the Matter of RANDOLPH D. RAGSDALE, Respondent, against BOARD OF…

Court:Court of Appeals of the State of New York

Date published: Mar 5, 1940

Citations

26 N.E.2d 277 (N.Y. 1940)
26 N.E.2d 277

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