175 A.D. 204 | N.Y. App. Div. | 1916
Proceedings were duly pending before the Commissioner of Education for the removal from office of the five trustees of union free school district No. 1 of the town of Long Lake, Hamilton county, for violation of their official duties, and the hearing was to be on July 11, 1916. While said proceedings were pending, and on July eighth, Trustee Burch tendered to the board his written resignation of office and the board voted to accept it and appoint the relator Jennings in his place. On the same day Trustee Lamos tendered his resignation and the board voted to accept the same and appoint the relator Morrissey in his place. On the tenth day of July Trustee Kellogg tendered his resignation, and the relators Jennings and Morrissey and Trustees Hanmer and Stanton, acting as a board, voted to accept the same and to appoint the relator Hartson in his place, and on the same day Trustee Hanmer filed his resignation and the relators Jennings and Morrissey and Trustee Stanton, acting as a board, voted to accept it and to appoint
Section 880 of the Education Law provides: “ Any person conceiving himself aggrieved may appeal or petition to the Commissioner of Education who is hereby authorized and required to examine and decide the same; and the Commissioner of Education may also institute such proceedings as are authorized under this act and his decision in such appeals, petitions or proceedings shall he final and conclusive, and not subject to question or review in any place or court whatever.” The object of this provision obviously was to place upon the Commissioner the supervision and control of the public school system, and in the matters committed to his charge, to make his decision final so that his time may be devoted to the schools
The suggestion that the relators were not parties to the proceeding does not come with great force when we consider that they voluntarily entered into the scheme to defeat the proceedings pending before the Commissioner, and permitted themselves to be placed in the position of the accused officials. The conclusion of the Commissioner that the alleged resignations and appointments were not made in good faith and were a scheme to defeat the pending proceeding was clearly correct. The relators owed their alleged positions to the act of the accused trustees, and if the alleged resignations were without force the relators have no standing as trustees.
We conclude, therefore, that the relators cannot question the determination of the Commissioner. The application for the writ is, therefore, denied, with fifty dollars costs and printing disbursements to be paid by the relators.
All concurred.
Application for writ denied, with fifty dollars costs and disbursements to be paid by the relators.