Opinion
March 16, 1959
Present — Nolan, P.J., Wenzel, Beldock, Ughetta and Hallinan, JJ. [ 8 Misc.2d 957.]
Appeal from an order dismissing the petition in a proceeding to direct the Board of Education of the City of New York to place appellants and others upon the day high school salary schedule IIa, and to pay them the difference between the salary actually paid them and the salary that should have been paid. Appellants are licensed by the respondent as teachers of swimming in day schools. Their services are rendered in high schools. Their salaries, under respondent's procedures, are regulated by schedules C1 and C2, which are authorized by [former] section 883 Educ. of the Education Law (as amd. by L. 1947, chs. 778, 908; L. 1948, ch. 860). Appellants contend that inasmuch as they have been appointed to high schools their salaries must be governed and regulated by schedule IIa, which is entitled "Day Academic and Vocational High Schools" and under which respondent determines the salaries of high school teachers. Order unanimously affirmed, with costs. No opinion.