Dalton v. Educational Testing Service

Appellate Division of the Supreme Court of New York

Dalton v. Educational Testing Service

206 A.D.2d 404, 614 N.Y.S.2d 742, 1994 N.Y. App. Div. LEXIS 7267

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

DecidedJuly 11, 1994

StatusPublished

This text of 206 A.D.2d 404 (Dalton v. Educational Testing Service) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Dalton v. Educational Testing Service, 206 A.D.2d 404, 614 N.Y.S.2d 742, 1994 N.Y. App. Div. LEXIS 7267 (N.Y. Ct. App. 1994).

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Opinion

In a proceeding pursuant to CPLR article 78 to prohibit the Educational Testing Service from cancelling Brian M. Dalton’s test scores on the November 2, 1991, Scholastic Aptitude Test, which was converted into an action at law, Educational Testing Service appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Friedmann, J.), dated March 9, 1992, as, after converting the proceeding to an action at law, denied its cross motion for summary judgment.

Ordered that the order is affirmed insofar as appealed from, with costs.

We find that summary judgment was properly denied to the appellant, as issues of fact were raised concerning its good faith consideration of Brian M. Dalton’s explanations for the rise in his Scholastic Aptitude Test scores (see, Dalton v Educational Testing Serv., 206 AD2d 402 [decided herewith]). Thompson, J. P., Balletta, O’Brien and Florio, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to prohibit the Educational Testing Service from cancelling Brian M. Dalton’s test scores on the November 2, 1991, Scholastic Aptitude Test, which was converted into an action at law, Educational Testing Service appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Friedmann, J.), dated March 9, 1992, as, after converting the proceeding to an action at law, denied its cross motion for summary judgment.

Ordered that the order is affirmed insofar as appealed from, with costs.

We find that summary judgment was properly denied to the appellant, as issues of fact were raised concerning its good faith consideration of Brian M. Dalton’s explanations for the rise in his Scholastic Aptitude Test scores (see, Dalton v Educational Testing Serv., 206 AD2d 402 [decided herewith]). Thompson, J. P., Balletta, O’Brien and Florio, JJ., concur.

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Bluebook (online)

206 A.D.2d 404, 614 N.Y.S.2d 742, 1994 N.Y. App. Div. LEXIS 7267, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dalton-v-educational-testing-service-nyappdiv-1994.

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