Summary
In Matter of Shraeder v Kern (287 N.Y. 13, 14), where a public servant's probationary period had expired, the Court of Appeals held that a certification must be rescinded "where an applicant has made a misstatement of a material fact upon which the Commission has relied and upon which it has based its conclusion that the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.
Summary of this case from Prasad v. MergesOpinion
Argued October 7, 1941
Decided November 19, 1941
Appeal from the Supreme Court, Appellate Division, First Department, LEVY, J.
William C. Chanler, Corporation Counsel ( Charles F. Murphy and Paxton Blair of counsel), for appellants.
Ruth Gottdiener for respondent.
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.