nearly three years after date of election cannot be enter-
tained under the rules of practice of the Department
which requires appeals or proceedings to be instituted
within thirty days from the time of action concerning
which complaint is made, or a sufficient excuse given to
explain delay proceeding dismissed...
Foote, Lela, In the matter of the proceeding for the revocation
of the license of, a teacher employed in central school district
No. 1 of the towns of Hague, Warren county, and Ticonde-
roga, Essex county. (Case No. 1157.)
districts — revocation of teacher's license
alleged improper use of corporal punishment of
pupils teacher's denial of charges and refusal to
resign when requested to do so by board of educa-
tion no action of either a civil or criminal nature
brought by petitioning parents nor has board of educa-
tion dismissed the teacher-punishment inflicted in
the manner charged should not be tolerated and any
teacher guilty of such acts merits severe reprimand
previous good record of teacher and the fact no per-
manent injury resulted from acts charged taken into
consideration and license will not be annulled
ceeding dismissed
Germantown and Clermont, towns of, Columbia county, In the
matter of the appeal from the action of the board of educa-
tion of union free school district No. 2 of the, in discon-
tinuing the Viewmont school in said district and in providing
for the transportation of the children to the central school.
(Case No. 1146.)
Granville, town of, Washington county, In the matter of the
appeal from an order dissolving common school district No.
6 of the, and annexing its territory to union free school dis-
trict No. 8 of said town and county. (Case No. 1143.)
School districts - appeal from dissolution of school dis-
trict and annexation of territory — in absence of satis-
factory proof of jurisdictional defect or irregularity or
imposition of real hardship upon the children, district
superintendent's order for consolidation will be upheld
on showing that better school facilities will result
appeal is dismissed....
Hague, Warren county, and Ticonderoga, Essex county, towns
of, In the matter of the proceeding for the revocation of the
license of Lela Foote, a teacher employed in central school
district No. 1 of the. (Case No. 1157.)
Hancock, Delaware county, In the matter of the proceedings
relating to the trustees of common school district No. 14 of
the town of. (Case No. 1156.)
School districts proceeding for removal of two trus-
tees on ground they entered into an unlawful contract
for transportation of certain pupils-in absence of
convincing evidence that the trustees were guilty of
any willful intent in making such contract, the pro-
ceeding is dismissed separate proceedings regarding
alleged failure of a former district clerk to turn over
official records to his successor-same determination;
former clerk not shown to have retained official records
nor to have them now in his custody......
Hebron, town of, Washington county, In the matter of the
appeal of Addison Smith from the action of the board of edu-
cation of union free school district No. 1 of the, in refusing to
recognize him as a member of such board. (Case No. 1142.)
Union free school districts member of board of educa-
tion who, unchallenged, acted as such for a year now
refused recognition by board which seeks to recognize
another, alleging minutes of annual meeting do not
show election of appellant-sufficient evidence of
action taken at annual meeting, given by persons pres-
ent at such meeting and corroborated by subsequent
action of parties concerned justify holding that appel-
lant is entitled to sit as member - appeal is sustained.
Hempstead, town of, Nassau county. In the matter of the ap-
peal from the action of the special district meeting held in
union free school district No. 13 of the, December 15,
1926. (Case No. 1160.)
Union free school districts - appeal from action at
special district meeting defeating resolution providing
for transportation of pupils - board of education
answering appeal denies allegations of necessity –
after personal examination by representative of the
Department of Education it is found board has not
been derelict in its duty and appeal is dismissed.... 429
Hoosick, town of, Rensselaer county. In the matter of the ap-
peal from the action of a special district meeting held in
district No. 3 of the town of White Creek, Washington
county, and the, February 7, 1927. (Case No. 1159.)
School district selection of new school site - decided
by ballot at special district meeting to build a new
schoolhouse resolution adopted as to location of pro-
posed new schoolhouse, purchase of site and amount
to be expended for building was not by ballot nor by
taking and recording the ayes and noes and hence was
illegal and void-appeal sustained..
Kiernan, Marie C., In the matter of the appeal of, from the
action of the board of education of the city of New York in
discontinuing her services as a teacher of French in the school
system of such city. (Case No. 1149.)
City school districts - appeal of teacher of French, em-
ployed for probationary term, from action of New
York city board of education dispensing with her serv-
ices allegations that adverse reports rendered by her
superiors were based upon malice or prejudice -
board's discretion as to retention of a probationary
teacher may not, under the statute, be set aside
appeal is dismissed......
Little Valley and Mansfield, towns of, Cattaraugus county, In
the matter of the appeals from the action of the board of edu-
cation of union free school district No. 3 of the, relative to
the dismissal of G. Harold Carl as principal and to his re-
employment as such principal. (Case No. 1150.)
See Carl, Harold G., supra....
Marbletown, town of, Ulster county, In the matter of the ap-
peal from the refusal of the trustees of common school dis-
trict No. 1 of the, to pay the tuition of certain academic
pupils. (Case No. 1147.)
School districts appeal from refusal of common school
trustees to pay tuition fees of its academic pupils -
respondent trustees not answering, truth of statements
set forth in petition deemed to be conceded
sustained ...
Minisink, town of, Orange county, In the matter of the appeal
of D. Grace Rolfe from the action of the trustees of common
school district No. 5 of the. (Case No. 1154.)
dismissal of appeal of teacher whose
term of service had been terminated by trustees follow-
ing charges of use of excessive force in punishment of
pupils and use of language unbecoming a teacher.... 309
New York, city of, In the matter of the appeal of the Ameri-
can Civil Liberties Union from the action of the board of
education of the, in denying their application for the use
of the auditorium of the Stuyvesant High School. (Case
No. 1148.)
See American Civil Liberties Union, supra...
New York, city of, In the matter of the appeal of Marie C.
Kiernan from the action of the board of education of the,
in discontinuing her services as a teacher of French in the
school system of such city. (Case No. 1149.)
See Kiernan, Marie C., supra....
Niagara, Lockport and Ontario Power Company, In the matter
of the appeal of, from the order dissolving common school
district No. 14 of the town of Albion, Oswego county, and
annexing its territory to union free school district No. 4 of
said town and county. (Case No. 1153.)
See Albion, town of, supra....
North Hempstead, town of, Nassau county, In the matter of the
proceedings for the removal of John Flinn as a member of the
board of education of union free school district No. 5 of the.
(Case No. 1165.)
See Flinn, John W., supra....
North Hempstead, town of, Nassau county, In the matter of the
appeal of Horace W. Cross from the action of the board of
education of union free school district No. 5 of the. (Case
No. 1166.)
See Cross, Horace W., supra...
Oxford, town of, Chenango county, In the matter of the appeal
of H. Leslie Bowers from the refusal of the district superin-
tendent to change the boundaries of districts Nos. 5 and 6 of
the. (Case No. 1144.)
School districts - appeal from decision of district super-
intendent refusing to take action on petition for
annulling or dividing school district - failure of appel-
lant to establish a fair preponderance of evidence that
superintendent had abused his discretion in refusing
to take requested action appeal is dismissed.....
Pelham, town of, Westchester county, In the matter of the ap-
peal of the Pelham Manor Association from the action of the
board of education of union free school district No. 1 of
the, in refusing permission to use the school auditorium.
(Case No. 1158.)
Union free school districts use of school auditorium
for other than school purposes discretionary with board
of education-board presumed to have knowledge of
local conditions and a refusal to grant desired permis-
sion, in absence of convincing proof of abuse of dis-
cretion, will not be interfered with -appeal is dis-
Rolfe, D. Grace, In the matter of the appeal of, from the action
of the trustees of common school district No. 5 of the town
of Minisink, Orange county. (Case No. 1154.)
See Minisink, town of, supra.....
Rotterdam, town of, Schenectady county, In the matter of the
appeal from the order of the district superintendent of
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schools of Schenectady county, in determining the boundary
between districts Nos. 8 and 14 of the. (Case No. 1164.)
School districts-dispute over portion of boundary line
between two school districts-order of district superin-
tendent determining disputed boundary line considered
and evidence upon which his action was based reviewed
-appeal is dismissed..
Thurston, and Cameron, towns of, Steuben county, In the
matter of the appeal from the election of Kenneth Smith as
collector of school district No. 8 of the. (Case No. 1162.)
School districts-special qualifications necessary to eligi-
bility for district office-on showing that respondent
had leased a farm before the date of the district meet-
ing at which he was elected collector, thus meet-
ing the requirements of section 203 of the Education
Law, appeal is dismissed......
White Creek, town of, Washington county. In the matter of the
appeal from the action of a special district meeting held in
district No. 3 of the, and the town of Hoosick, Rensselaer
county, February 7, 1927. (Case No. 1159.)
See Hoosick, town of, supra.....
Bail bond brokers-vagrancy, when a crime-violation of munic-
ipal ordinance-discretion of Superintendent of Insurance in
issuing licenses for professional bondsmen....
... 588
Centralized purchases-Executive Department, Division of
Standards and Purchase-supplies for use of justices of the
various judicial departments of the Appellate Division of the
Supreme Court must be made in the manner prescribed under
the rules and regulations of the State Superintendent of
Standards and Purchases....
Conservation Law, article V of chapter 647, Laws of 1911-pro-
tection, preservation and propagation of fish and game-
private trout ponds-owners thereof must comply with the
Conservation Law.....
Conservation Law, In the matter of construing sections 50 and
59 of the, regarding authority of the Conservation Com-
mission to take possession of an easement in a county high-
way for telephone line purposes.
County funds, security for safekeeping of, by banks designated
by county treasurer or by other designation, as depositories of 665
General City Law - cities may not condemn lands outside city
limits unless authorized by charter or legislative acts-all
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