# Palmer v. Board of Education

> Appellate Division of the Supreme Court of the State of New York · April 15, 1935 · 244 A.D. 727

URL: https://www.frixlaw.com/law-library/cases/5339720

## Case

- **Full name:** In the Matter of the Application of Esther Elizabeth Palmer, for an Order of Mandamus against The Board of Education of the City of New York and Another
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** April 15, 1935
- **Citations:** 244 A.D. 727
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 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/5339720

## Opinion text

Order denying appellant’s motion for a mandamus order against the board of education of the city of New York, for. her reinstatement as a public school teacher, unanimously affirmed on the law and not in the exercise of discretion, without costs. The appellant’s resignation as a *728 teacher having been accepted by the board of education and she having appealed to the State Commissioner of Education from the refusal of the board to permit her to withdraw her resignation after the same had been duly accepted, and the Commissioner, after hearing the allegations and proofs of the parties, having dismissed the appeal and it appearing that his action was not arbitrary or unreasonable, such decision is final and conclusive under section 890 of the Education Law. Present — Lazansky, P. J., Hagarty, Scudder, Tompkins and Davis, JJ.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5339720. Public record. Not legal advice.