Opinion
March 22, 1939.
Appeal from Commissioner of Education of the State of New York.
Present — Hill, P.J., Rhodes, McNamee, Crapser and Heffernan, JJ.
The Special Term has decided that the allegations of the petition do not justify a review, upon the authority of Matter of Bullock v. Cooley ( 225 N.Y. 566); Matter of Levitch v. Board of Education (243 id. 373); Matter of O'Connor v. Emerson ( 196 App. Div. 807; affd., 232 N.Y. 561); People ex rel. Board of Education v. Finley (211 id. 51). Further, the question of the right to compensation has been adjudicated. ( Kabatt v. Board of Education, 246 App. Div. 886; appeal dismissed, 271 N.Y. 629; motion for argument denied, 272 id. 508; certiorari denied by the United States Supreme Court, 300 U.S. 657; Id. 687.) Order unanimously affirmed, with costs.