Summary
In Matter of Gassner v. Board of Examiners of City of N.Y. (27 A.D.2d 662, revg. 51 Misc.2d 467), this court held that the petitioner had a right to inspect the rating schedule upon which her training and experience were evaluated, in order to obtain an adequate review of her case.
Summary of this case from Matter of Schwartz v. BogenOpinion
January 16, 1967
Judgment of the Supreme Court, Kings County, dated August 16, 1966, reversed, on the law, without costs, and proceeding remitted to Special Term for a hearing to determine the objectivity of the standards contained in the rating schedule applied in measuring petitioner's relative training and experience. No questions of fact were considered. Petitioner's qualifications must be rated by objective standards ( Matter of Fink v. Finegan, 270 N.Y. 356). The requirement of objectivity is not meaningful in this case unless the rating schedule employed is open to review by the courts. Beldock, P.J., Brennan, Rabin, Hopkins and Benjamin, JJ., concur. [ 51 Misc.2d 467.]