Legal Opinion

Birmingham v. Graves

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

Decided November 20, 1929PublishedCited by 2 opinions

1Per curiam

The petitioner, on November 9, 1927, was employed by the board of education of the city of New York as director of speech improvement in the schools “ subject to obtaining the necessary license.” To hold this position a license is necessary. Power to grant the necessary license to petitioner rested in the superintendent of schools and was to be issued “ on the recommendation of ” the board of examiners. (Education Law, § 870, subd. 6, as added by Laws of 1917, chap. 786; Id. § 871, added by Laws of 1917, chap. 786, as amd. by Laws of 1920, chap. 837.) Accordingly, in February, 1928, the…

2Cases cited4 opinions

  1. Davidson v. New OrleansSupreme Court of the United States · 1878
  2. Bertholf v. . O'ReillyNew York Court of Appeals · 1878
  3. Matter of Levitch v. Board of EducationNew York Court of Appeals · 1926
  4. People ex rel. Wood v. GravesAppellate Division of the Supreme Court of the State of New York · 1929

3Cited by2 opinions

  1. Epstein v. Board of Examiners of the Board of EducationNew York Supreme Court · 1936
  2. In re the Proceedings Pursuant to Section 9-a of Article VI of the New York State Constitution in Relation to FriedmanAppellate Division of the Supreme Court of the State of New York · 1963

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