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Matter of Shraeder v. Kern

38 N.E.2d 110, 287 N.Y. 13, 1941 N.Y. LEXIS 1405
CourtNew York Court of Appeals
DecidedNovember 19, 1941
StatusPublished
Cited by17 cases

This text of 38 N.E.2d 110 (Matter of Shraeder 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 Shraeder v. Kern, 38 N.E.2d 110, 287 N.Y. 13, 1941 N.Y. LEXIS 1405 (N.Y. 1941).

Opinion

Per Curiam.

The Municipal Civil Service Commission has power and is under a duty to rescind a certification where an applicant has made a misstatement of a material fact upon which the Commission has relied and upon which it has based its conclusion that the applicant was eligible to take the examination. That is true whether the misstatement was made with fraudulent intent or by mistake.

The orders should be reversed and the petition dismissed, without costs. (See 287 N. Y. 760.)

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

Orders reversed, etc.

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Bluebook (online)
38 N.E.2d 110, 287 N.Y. 13, 1941 N.Y. LEXIS 1405, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-shraeder-v-kern-ny-1941.