Nelson v. Board of Examiners of the Board of Education

Appellate Division of the Supreme Court of New York

Nelson v. Board of Examiners of the Board of Education

27 A.D.2d 569, 277 N.Y.S.2d 614, 1966 N.Y. App. Div. LEXIS 2731

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 27, 1966

StatusPublished

This text of 27 A.D.2d 569 (Nelson v. Board of Examiners of the Board of Education) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Nelson v. Board of Examiners of the Board of Education, 27 A.D.2d 569, 277 N.Y.S.2d 614, 1966 N.Y. App. Div. LEXIS 2731 (N.Y. Ct. App. 1966).

Pincite

Opinion

—■ In a proceeding under CPLR article 78, the Board of Examiners of the Board of Education of the City of New York appeals from a judgment of the Supreme Court, Kings County, entered March 26, 1965, which adjudged that failure ratings given petitioners in an examination for license as principal of an elementary school be cancelled and that each petitioner be afforded a new interview test. Judgment affirmed, with one bill of $50 costs and disbursements. We are of the opinion that the 21 items delineating the four major categories of the test were sufficient objective ratings. Accordingly, in that respect, we disagree with the conclusions of the learned Trial Justice. We do agree, however, that an adequate record should have been made in order to determine whether the ratings were capricious. The so-called running notes made by the panel, at a time when each member was also engaged in questioning on the above-mentioned 21 items, are completely inadequate. Ughetta, Acting P. J., Christ, Brennan, Rabin and Hopkins, JJ., concur.

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—■ In a proceeding under CPLR article 78, the Board of Examiners of the Board of Education of the City of New York appeals from a judgment of the Supreme Court, Kings County, entered March 26, 1965, which adjudged that failure ratings given petitioners in an examination for license as principal of an elementary school be cancelled and that each petitioner be afforded a new interview test. Judgment affirmed, with one bill of $50 costs and disbursements. We are of the opinion that the 21 items delineating the four major categories of the test were sufficient objective ratings. Accordingly, in that respect, we disagree with the conclusions of the learned Trial Justice. We do agree, however, that an adequate record should have been made in order to determine whether the ratings were capricious. The so-called running notes made by the panel, at a time when each member was also engaged in questioning on the above-mentioned 21 items, are completely inadequate. Ughetta, Acting P. J., Christ, Brennan, Rabin and Hopkins, JJ., concur.

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Bluebook (online)

27 A.D.2d 569, 277 N.Y.S.2d 614, 1966 N.Y. App. Div. LEXIS 2731, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nelson-v-board-of-examiners-of-the-board-of-education-nyappdiv-1966.