Cochran v. Levy

The petition of an applicant for a license to teach, who failed to pass his examinations and appealed to the Commissioner of Education, alleges that the former Deputy State Commissioner of Education heard the petitioner’s appeal from the determination of the New York city board of examiners as acting Commissioner of Education due to the absence or disability of the former Commissioner. For the purpose of this motion attacking the sufficiency of the petition on its face, the facts so alleged must be conceded. The former Deputy (Ernest E. Cole) is now the defendant Commissioner of Education.

The…