Matter of Levitch v. Board of Education
Cases that cite this one
54 later published cases cite this decision. The 25 that cite it most often are listed here.
- Walter v. BOARD OF EDUCATION OF QUINCY SCHOOL DIST. (Ill. 1982)
- Walter v. Board of Education (Ill. App. Ct. 1981)
- Mancuso v. Mauriello (New York Supreme Court 1963)
- Board of Education v. Allen (N.Y. 1959)
- Ross v. Wilson (N.Y. 1955)
- Ross v. Wilson (Appellate Division of the Supreme Court of New York 1954)
- Craig v. Board of Education (New York Supreme Court 1940)
- Gwynne v. Board of Education of Union Free School District No. 3 (N.Y. 1932)
- People ex rel. Wood v. Graves (Appellate Division of the Supreme Court of New York 1929)
- Schulz v. Galgano (Appellate Division of the Supreme Court of New York 1996)
- Envtl Prot. v. Civ Serv (N.Y. 1991)
- New York City Department of Environmental Protection v. New York City Civil Service Commission (N.Y. 1991)
- Gustin v. Joiner (New York Supreme Court 1978)
- Short v. Nassau County Civil Service Commission (Appellate Division of the Supreme Court of New York 1977)
- City Council of Watertown v. Carbone (Appellate Division of the Supreme Court of New York 1976)
- Community School Board District No. 3 v. Board of Education (New York Supreme Court 1972)
- Community School Board 3 v. Board of Education (New York Supreme Court 1971)
- Board of Education of Central School District No. 2 v. Nyquist (New York Supreme Court 1969)
- Union Free School District No. 7 v. Nowicki (New York Supreme Court 1968)
- Board of Education of City School District v. Allen (New York Supreme Court 1967)
- Bermingham v. Commissioner of Education (New York Supreme Court 1966)
- Board of Education v. Allen (New York Supreme Court 1965)
- Board of Education of Central School District No. 3 v. Nyquist (New York Supreme Court 1964)
- Board of Education of Union Free School District No. 5 v. Allen (New York Supreme Court 1964)
- Rockland Bus Lines, Inc. v. Board of Education (New York Supreme Court 1964)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Assuming, without deciding, that Ray L. Levitch was removed unlawfully from her employment as a school teacher under section 872, subdivision 3, of the Education Law (Cons. Laws, chap. 16), she having appealed to the Commissioner of Education, the decision was final and conclusive upon her. Under section 890, formerly section 880, the Commissioner had jurisdiction to hear the appeal of any person aggrieved who had been refused pay as a teacher or had been affected by the decision of any school authority. The fact that the question may have involved the construction or application of a statute did not deprive him of jurisdiction. (Barringer v. Powell, 230 N. Y. 37, 43.)
The Education Law specifically makes the Commissioner’s decision final and conclusive. There is nothing here to show that his action was purely arbitrary. He was called upon to decide whether the teacher by reason of her various appointments and service came within the provisions of section 872, entitling her to notice and hearing before removal. He decided that she did not hold such a permanent position. Having appealed to the Commissioner, the petitioner and her substituted representative were barred from resorting to the courts What her rights would have been if she had not appealed to the Commissioner we do not determine. His conclusion was final. (Matter of O’Connor v. Emerson, 196 App. Div. 807, 810; affd., 232 N. Y. 561; Bullock v. Cooley, 225 N. Y. 566, 576; People ex rel. Board of Education v. Finley, 211 N. Y. 51.)
*376 The order of the Appellate Division should, therefore, be reversed and that of the Special Term affirmed, with costs in this court and in the Appellate Division.
His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane and Andrews, JJ., concur; Lehman, J., absent.
Judgment accordingly.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.