Kelly v. Tobin

Order of certiorari vacated and proceeding dismissed, without costs. The resignation of relator from the position which he formerly held left nothing upon which the board or the superintendent might further act in view of the resignation having been accepted. It precludes a review by this court. Apart from that fact, however, the situation is not one that this court may disturb. Lazansky, P. J., Young, Kapper, Carswell and Tompkins, JJ., concur.