Bressler v. Bd. of Higher Education of City of N.Y.
New York Court of Appeals
I. The judgment in favor of plaintiff Greenman should not have been reversed. (Hoefling v. Board of Education, 120 App. Div. 545; Stetson v. Board of Education, 165 App. Div. 476, 218 N. Y. 301; Matter of Kearns v. Board of Education, 279 N. Y. 61.) II. The board had no power to make so-called full time temporary appointments to positions not specified in the schedules. (Dexter v. Board of Higher Education, 293 N. Y. 39.) III. The Kearns case (279 N. Y. 61) is inapplicable.
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I. The judgment in favor of plaintiff Greenman should not have been reversed. (Hoefling v. Board of Education, 120 App. Div. 545; Stetson v. Board of Education, 165 App. Div. 476, 218 N. Y. 301; Matter of Kearns v. Board of Education, 279 N. Y. 61.) II. The board had no power to make so-called full time temporary appointments to positions not specified in the schedules. (Dexter v. Board of Higher Education, 293 N. Y. 39.) III. The Kearns case (279 N. Y. 61) is inapplicable. (Matter of Fornara v. Schroeder, 261N. Y. 363; Matter of Sandford v. Finegan, 276 N. Y. 70; Matter of Cook v. Kern, 278…
1Opinion of the Court
We all agree that plaintiffs Regina Kessler and Ruth Mantell were clerical assistants at the College of the City . of New York and entitled to the status and pay benefits of that position, and a majority of us are of the opinion that there is no basis for differentiating the case of appellant Dorothy Greenman from that of her two colleagues.
As narrowed and simplified by the stipulation, the precise . question upon which the court divides is whether Miss Green-man, who, for several years, undeniably did the work of a clerical assistant, was “ employed hy the defendant * * * in such capacity ”…
2Cases cited6 opinions
- Matter of Fornara v. SchroederNew York Court of Appeals · 1933
- Wood v. City of New YorkNew York Court of Appeals · 1937
- Matter of Carow v. Bd. of EducationNew York Court of Appeals · 1936
- Matter of Rohr v. KenngottNew York Court of Appeals · 1942
- Matter of Cook v. KernNew York Court of Appeals · 1938
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3Cited by7 opinions
- Bloomberg-Dubin v. Board of Education of City of New YorkAppellate Division of the Supreme Court of the State of New York · 1981
- Matter of Flannery v. JosephNew York Court of Appeals · 1949
- Austin v. Board of Higher EducationNew York Supreme Court · 1957
- Corrigan v. JosephNew York Court of Appeals · 1952
- Flannery v. JosephAppellate Division of the Supreme Court of the State of New York · 1949
2 more not listed; retrieve them via the Exa API.