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Matter of Shraeder v. Kern

38 N.E.2d 110, 287 N.Y. 13, 1941 N.Y. LEXIS 1405
New York Court of Appeals·Decided November 19, 1941·Published·Cited by 17 cases

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

38 N.E.2d 110 (Matter of Shraeder v. Kern) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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