Kearns V. Board of Education

Appellate Division of the Supreme Court of New York

Kearns V. Board of Education

254 A.D. 486, 5 N.Y.S.2d 397, 1938 N.Y. App. Div. LEXIS 6459

Appellate Division of the Supreme Court of the State of New York·Decided June 24, 1938·Published

Opinion

Per Curiam.

The petitioners were never appointed to the position of clerical assistant and, therefore, should not be designated as such. In the absence of a valid appointment from a proper list, the petitioners may not be designated as incumbents, even though they performed the duties of that position. (Wood v. City of New York, 274 N. Y. 155; Farrell v. City of Buffalo, 118 App. Div. 597.)

The order should be reversed, with twenty dollars costs and disbursements to the defendant, and the petition dismissed.

Present — O’Malley, Townley, Untermybr, Dore and Cohn, JJ.

Order unanimously reversed, with twenty dollars costs and disbursements to the defendant, and the petition dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

The petitioners were never appointed to the position of clerical assistant and, therefore, should not be designated as such. In the absence of a valid appointment from a proper list, the petitioners may not be designated as incumbents, even though they performed the duties of that position. (Wood v. City of New York, 274 N. Y. 155; Farrell v. City of Buffalo, 118 App. Div. 597.)

The order should be reversed, with twenty dollars costs and disbursements to the defendant, and the petition dismissed.

Present — O’Malley, Townley, Untermybr, Dore and Cohn, JJ.

Order unanimously reversed, with twenty dollars costs and disbursements to the defendant, and the petition dismissed.

Kearns V. Board of Education, 254 A.D. 486, 5 N.Y.S.2d 397, 1938 N.Y. App. Div. LEXIS 6459 (N.Y. Ct. App. 1938).

Pincite

254 A.D. 486 (Kearns V. Board of Education) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related