# Jaffe v. Board of Education

> Appellate Division of the Supreme Court of the State of New York · March 16, 1934 · 240 A.D. 402

URL: https://www.frixlaw.com/law-library/cases/5330969

## Case

- **Full name:** In the Matter of the Application of Louis M. Jaffe and Others, for an Order of Mandamus against The Board of Education of The City of New York and Others
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** March 16, 1934
- **Citations:** 240 A.D. 402; 270 N.Y.S. 190; 1934 N.Y. App. Div. LEXIS 10659
- **Precedential status:** Published
- **Opinion:** Dissent by Untermyer
- **Judges:** Martin, Untermyer
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5330969

## Opinion text

Untermyer, J.
(dissenting). I find no provision of law authorizing the appointment of teachers serving temporarily at reduced salaries, even though they be described as substitutes. On the contrary, section 872 (Subds. 1, 3 and 5) of the Education Law seems to me expressly to forbid it. Such appointments, if allowed, result in the creation of a new class of teachers serving temporarily and at reduced salaries instead of the permanent employment at uniform rates of compensation for which the statute provides. For these reasons Í dissent and vote to affirm the order appealed from.
Order reversed, with twenty dollars costs and disbursements, and motion denied, with fifty dollars costs.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5330969. Public record. Not legal advice.