Matter of Cohen v. Fields
New York Court of Appeals
I. Respondents’ concept of “ record ”, as applied in this case, is basically illegal. (Matter of Bloat v. Board of Education, 274 N. Y. 367; Matter of Bridgman v. Kern, 257 App. Div. 420, 282 N. Y. 375; Hurley v. Board of Education, 270 N. Y. 275; Ciaccia v. Board of Education, 271 N. Y. 336; Matter of FinTc v. Finegan, 270 N. Y. 356; People ex rel. Steele v. McGuire, 139 App. Div. 680; Matter of Cowen v. Beavy, 283 N. Y. 232.) II.
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I. Respondents’ concept of “ record ”, as applied in this case, is basically illegal. (Matter of Bloat v. Board of Education, 274 N. Y. 367; Matter of Bridgman v. Kern, 257 App. Div. 420, 282 N. Y. 375; Hurley v. Board of Education, 270 N. Y. 275; Ciaccia v. Board of Education, 271 N. Y. 336; Matter of FinTc v. Finegan, 270 N. Y. 356; People ex rel. Steele v. McGuire, 139 App. Div. 680; Matter of Cowen v. Beavy, 283 N. Y. 232.) II. It was illegal for respondents to inquire of the principals whether they recommended the petitioner, with what degree of fervor they did so, and whether they would…
1Opinion of the Court
-LoughhaN, Ch. J.
Examination of applicants who are required to be licensed or to have their names placed on eligible lists for appointment in the schools of the city of New York is a statutory duty that is imposed upon a board of examiners who are appointed by the municipal board of education. (Education Law, § 2504, subd. 2; § 2519, subd. 2.) At the times here in issue, a by-law adopted by the board of examiners read in part as follows:
“ The BatiNG or Beoord. Section 14. 1. Prior to recommending the issuance of license in any examination, the Board of Examiners shall inspect the records of…
2Cases cited3 opinions
- Matter of Fink v. FineganNew York Court of Appeals · 1936
- Sloat v. Board of Examiners of the Board of EducationNew York Court of Appeals · 1937
- Matter of Cowen v. ReavyNew York Court of Appeals · 1940
3Cited by8 opinions
- Ziomek v. BartimoleSupreme Court of Connecticut · 1968
- Barnett v. FieldsNew York Supreme Court · 1949
- De Luca v. GaffneyAppellate Division of the Supreme Court of the State of New York · 1953
- Lenert v. WilsonAppellate Court of Illinois · 1965
- Weissbard v. KaplanNew York Supreme Court · 1960
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