Majority
p. 737In the Matter of The People of the State of New York ex rel. Charles A. Osborne to Mandamus the Board of Education of the City of New York to Reinstate the Relator as Assistant to Principal in Charge with the Board of Education of the City of New York, and to Mandamus the Board of Education of the City of New York to Pay to the Relator All the Back Pay from the Time of the Dismissal to the Time of the Reinstatement. Charles A. Osborne, Appellant, v. The Board of Education of the City of New York, Respondent.
The appellant, who was dismissed from the position of assistant to the principal of a public school, moved for a mandamus order for the purpose of procuring his reinstatement with accrued salary. Order denying motion unanimously affirmed, with ten dollars costs and disbursements, as a matter of law and not in the exercise of discretion. No opinion. Present — Lazansky, P. J., Young, Johnston, Adel and Taylor, JJ.