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Matter of Kearns v. Bd. of Educ of City of N.Y

Appellate Division of the Supreme Court of New York, First Department
Jun 24, 1938
254 App. Div. 486 (N.Y. App. Div. 1938)

Opinion

June 24, 1938.

Appeal from Supreme Court of New York County.

Jules Jacobs of counsel [ Bernard Sternlight with him on the brief], for the petitioners.

Arthur Bainbridge Hoff, Jr., of counsel [ Paxton Blair with him on the brief; William C. Chanler, Corporation Counsel, attorney], for the defendant.

Present — O'MALLEY, TOWNLEY, UNTERMYER, DORE and COHN, JJ.


The petitioners were never appointed to the position of clerical assistant and, therefore, should not be designated as such. In the absence of a valid appointment from a proper list, the petitioners may not be designated as incumbents, even though they performed the duties of that position. ( Wood v. City of New York, 274 N.Y. 155; Farrell v. City of Buffalo, 118 App. Div. 597.)

The order should be reversed, with twenty dollars costs and disbursements to the defendant, and the petition dismissed.


Order unanimously reversed, with twenty dollars costs and disbursements to the defendant, and the petition dismissed.


Summaries of

Matter of Kearns v. Bd. of Educ of City of N.Y

Appellate Division of the Supreme Court of New York, First Department
Jun 24, 1938
254 App. Div. 486 (N.Y. App. Div. 1938)
Case details for

Matter of Kearns v. Bd. of Educ of City of N.Y

Case Details

Full title:In the Matter of the Application of SARA G. KEARNS and Others…

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

Date published: Jun 24, 1938

Citations

254 App. Div. 486 (N.Y. App. Div. 1938)