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Matter of Bridgman v. Kern

26 N.E.2d 299, 282 N.Y. 375, 1940 N.Y. LEXIS 978
CourtNew York Court of Appeals
DecidedMarch 12, 1940
StatusPublished
Cited by18 cases

This text of 26 N.E.2d 299 (Matter of Bridgman v. Kern) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Matter of Bridgman v. Kern, 26 N.E.2d 299, 282 N.Y. 375, 1940 N.Y. LEXIS 978 (N.Y. 1940).

Opinion

Per Curiam.

We are of opinion that the technical oral examination was invalid for these reasons: (1) The direction that the “ examiners should fail not less than about one-half the total group of candidates ” was improper; (2) the instruction that the examiners adjust their ratings after consultation violated the civil service rule that “ Each subject shall be rated by two examiners acting separately ” (Rules of Municipal Civil Service Commission [New York City], rule 5, § 5, ¶ 1); (3) commentaries elicited from candidates were so vague or remote in character and broad in scope that the ratings in respect of “ soundness of the position taken ” disclosed only the unsupported conclusions of the examiners. (Cf. Matter of Sloat v. Board of Examiners, 274 N. Y. 367.)

We have not considered other matters referred to by the court below.

The order should be affirmed, without costs.

Lehman, Ch. J., Loughran, Finch, Rippey, Sears, Lewis and Conway, JJ., concur.

Order affirmed.

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Bluebook (online)
26 N.E.2d 299, 282 N.Y. 375, 1940 N.Y. LEXIS 978, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-bridgman-v-kern-ny-1940.