Legal Opinion · Dissent

Gimprich v. Board of Education

New York Court of Appeals

Decided March 12, 1954Published

1Dissent

Lewis, Ch. J.

(dissenting). The action of the board of examiners in denying petitioner’s application for credit based on her “ outside ” teaching experience was not, in my view, quasi-judicial in nature. That decision was reached without a hearing and without the presentation of proof. It appears, in fact, to have been an ex parte decision by the board. Such a decision cannot rightly be characterized as quasi-judicial; rather is it administrative. (People ex rel. Copcutt v. Board of Health, 140 N. Y. 1, 6, 10; People ex rel. Lodes v. Department of Health, 189 N. Y. 187, 194-196; Matter of…

2Cases cited10 opinions

  1. People Ex Rel. Lodes v. Department of HealthNew York Court of Appeals · 1907
  2. People Ex Rel. Copcutt v. . Board of HealthNew York Court of Appeals · 1893
  3. Grider v. TallySupreme Court of Alabama · 1884
  4. Miller v. HortonMassachusetts Supreme Judicial Court · 1891
  5. State v. HowardSupreme Court of Vermont · 1909

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