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Matter of Fabricius v. Cole

Appellate Division of the Supreme Court of New York, Third Department
Nov 22, 1940
260 App. Div. 981 (N.Y. App. Div. 1940)

Opinion

November 22, 1940.

Appeal from Supreme Court.

Present — Hill, P.J., Crapser, Bliss, Schenck and Foster, JJ. [ 174 Misc. 130.]


Petitioner was a teacher in the school system of the city of New York. The Board of Education had given her an adverse rating in "cooperation" from which she appealed to the Commissioner. Thereafter, she again received an adverse rating in "cooperation" and also in "control of classes." She appealed to the Commissioner of Education from this rating in November, 1936. She has received her increment in salary regularly. After the Commissioner of Education made his return, appellant proceeded under article 78 of the Civil Practice Act to secure the relief sought and the matter was brought on at the Special Term in July, 1939, and further hearing was held in January, 1940. The determination of the Commissioner of Education is neither arbitrary nor unreasonable and should be confirmed. Determination of the Commissioner of Education unanimously confirmed, without costs, and petition dismissed.


Summaries of

Matter of Fabricius v. Cole

Appellate Division of the Supreme Court of New York, Third Department
Nov 22, 1940
260 App. Div. 981 (N.Y. App. Div. 1940)
Case details for

Matter of Fabricius v. Cole

Case Details

Full title:In the Matter of the Petition of ALMA M. FABRICIUS, Appellant, for an…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Nov 22, 1940

Citations

260 App. Div. 981 (N.Y. App. Div. 1940)