Legal Opinion

Gassner v. Board of Examiners

Appellate Division of the Supreme Court of the State of New York

Decided January 16, 1967Published

1Opinion of the Court

Judgment of the Supreme Court, Kings County, dated August 16, 1966, reversed, on the law, without costs, and proceeding remitted to Special Term for a hearing to determine the objectivity of the standards contained in the rating schedule applied in measuring petitioner’s relative training and experience. No questions' of fact were considered. Petitioner’s qualifications must be rated by objective standards (Matter of Fink v. Finegan, 270 N. Y. 356). The requirement of objectivity is not meaningful in this case unless the rating schedule employed is open to review by the courts. Beldock, P.…

2Cases cited2 opinions

  1. Matter of Fink v. FineganNew York Court of Appeals · 1936
  2. Gassner v. Board of ExaminersNew York Supreme Court · 1966

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