Shelton v. Costelloe

In a proceeding pursuant to CPLR article 78 to review a determination of the Board of Examiners of the New York City Board of Education, finding the petitioner’s examination paper to be unsatisfactory, the appeal is from a judgment of the Supreme Court, Kings County (Hurowitz, J.), entered October 17, 1985, which granted the petition and annulled the determination.

Ordered that the judgment is affirmed, without costs or disbursements.

In the written English examination involved in this case, applicants received one "demerit” point for each language error contained in their essays. The issue in…