Matter of McGowan v. Board of Education

New York Court of Appeals

Matter of McGowan v. Board of Education

6 N.E.2d 100, 273 N.Y. 68, 1937 N.Y. LEXIS 1172

DecidedJanuary 12, 1937

StatusPublished

This text of 6 N.E.2d 100 (Matter of McGowan v. Board of Education) 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.

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Matter of McGowan v. Board of Education, 6 N.E.2d 100, 273 N.Y. 68, 1937 N.Y. LEXIS 1172 (N.Y. 1937).

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Opinion

Per Curiam.

We agree with the courts below that the Education Law (Cons. Laws, ch. 16, §§ 870, subd: 6, 872, subd. 5), as amended by chapter 195 of the Laws of 1935, empowered the respondent Board of Education to make the appointments in question. It is conceded that these appointments are provisional only and that the positions are to be filled by final appointments from an eligible list to be established by the respondent Board of Education through open competitive examination in accordance with the Civil Service Law (Cons. Laws, ch. 7).

The order should be affirmed, without costs.

Crane, Ch. J., O’Brien, Hubbs, Loughran and Rtppey, JJ., concur; Lehman and Finch, JJ., taking no part.

Order affirmed.

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Per Curiam.

We agree with the courts below that the Education Law (Cons. Laws, ch. 16, §§ 870, subd: 6, 872, subd. 5), as amended by chapter 195 of the Laws of 1935, empowered the respondent Board of Education to make the appointments in question. It is conceded that these appointments are provisional only and that the positions are to be filled by final appointments from an eligible list to be established by the respondent Board of Education through open competitive examination in accordance with the Civil Service Law (Cons. Laws, ch. 7).

The order should be affirmed, without costs.

Crane, Ch. J., O’Brien, Hubbs, Loughran and Rtppey, JJ., concur; Lehman and Finch, JJ., taking no part.

Order affirmed.

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Bluebook (online)

6 N.E.2d 100, 273 N.Y. 68, 1937 N.Y. LEXIS 1172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-mcgowan-v-board-of-education-ny-1937.