O’Connor v. Emerson 232 N.Y. 561

In the Matter of the Application of Mary A. O’Connor, Appellant, v. Edwards D. Emerson et al., Constituting the Board of Education of the City of Buffalo, Respondents.

Schools — mandamus — when mandamus to compel reinstatement to position of principal of school properly denied.

Matter of O’Connor v. Emerson, 196 App. Div. 807, affirmed.

(Argued November 28, 1921;

decided December 13, 1921.)

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial *562department, entered .May 10, 1921, which affirmed an order of Special. Term denying a motion for a writ of mandamus to compel the board of education of the city of - Buffalo to reinstate the petitioner in the position of principal of a public school in that city. On October 29, 1918, she had been appointed principal by the said board •of .education. On October 11, 1920, she was summarily dismissed from said position without complaint, charges .or hearing. It was held that petitioner’s appointment as principal was for a probationary period of two years and that her removal from the position during the continuance of said probationary period was not unlawful.

George H. Kennedy for appellant.

William 8. Bann, Corporation Counsel (John E. Livermore of counsel), for respondents.