Opinion
October 3, 1949.
In a proceeding under article 78 of the Civil Practice Act to review the determination of the Commissioner of Education of the State of New York which reinstated respondent Hamm as director of physical education of the schools of the city of Beacon as of December 31, 1947, at a stated salary, and directed the appellant board of education of the city of Beacon to pay the unpaid balance of that salary and to place said employee on the appropriate step of the salary schedule as of that date, order directing the transfer of the proceeding from Dutchess County to Albany County reversed on the law, with $10 costs and disbursements, and the motion denied, without costs. In our opinion section 1287 of the Civil Practice Act authorized the commencement and the maintaining of the proceeding in Dutchess County, the county wherein occurred, as alleged in the petition, the underlying events which gave rise to the official action sought to be reviewed herein. ( Matter of Daley v. Board of Estimate of City of N.Y., 258 App. Div. 165; Matter of Zorach v. Clauson, 275 App. Div. 774.) Respondents' time to answer is extended until ten days after service of a copy of the order to be entered hereon. Nolan, P.J., Carswell, Adel, Sneed and Wenzel, JJ., concur.