261 A.D. 1115 | N.Y. App. Div. | 1941
This is an appeal by the Board of Education of the City of New York from an order of the Albany Special Term of Supreme Court dismissing the proceeding for an order to annul the determination of the State Commissioner of Education on an appeal pursuant to section 890 of the Education Law. Respondent had thirty-three years of teaching service in the city of New York when, in 1939, the appellant Board of Education dismissed her from service. She was directed to report for a physical examination to the Medical Division of the appellant Board of Education. She refused to appear for such examination but offered to consent to physical examination before the Medical Board of the New York City Teachers Retirement System. She also consented to be examined by her own physican. On her refusal to be examined as directed charges of incompetent and inefficient service and insubordination were preferred against the respondent and she was suspended without pay from that date. The only basis for-said charges was the respondent’s refusal to submit to a physical examination by. the Medical Division