Goettel v. Ten Eyck

Appellate Division of the Supreme Court of New York

Goettel v. Ten Eyck

248 A.D. 679

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

DecidedMay 15, 1936

StatusPublished

This text of 248 A.D. 679 (Goettel v. Ten Eyck) 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.

Bluebook

Goettel v. Ten Eyck, 248 A.D. 679 (N.Y. Ct. App. 1936).

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Opinion

Determination annulled on the facts and petitioner reinstated and salary ordered paid in accordance with the provisions of section 23 of the Civil Service Law, as amended by chapter 734 of the Laws of 1935, with fifty dollars costs and disbursements, on the ground that there was such a preponderance of proof against the existence of the fact of incapacity charged by the respondent that the determination of incapacity was against the weight of the evidence. All concur, except Crosby, J., who dissents and votes for confirming the determination. (The order of certiorari directs the review of action of respondent in dismissing the petitioner as gardener in greenhouses on New York State Fair grounds.) Present — Sears, P. J., Taylor, Edgeomb, Crosby and Lewis, JJ.

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Determination annulled on the facts and petitioner reinstated and salary ordered paid in accordance with the provisions of section 23 of the Civil Service Law, as amended by chapter 734 of the Laws of 1935, with fifty dollars costs and disbursements, on the ground that there was such a preponderance of proof against the existence of the fact of incapacity charged by the respondent that the determination of incapacity was against the weight of the evidence. All concur, except Crosby, J., who dissents and votes for confirming the determination. (The order of certiorari directs the review of action of respondent in dismissing the petitioner as gardener in greenhouses on New York State Fair grounds.) Present — Sears, P. J., Taylor, Edgeomb, Crosby and Lewis, JJ.

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Bluebook (online)

248 A.D. 679, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goettel-v-ten-eyck-nyappdiv-1936.