Appellate Division of the Supreme Court of New York, 1938

Kearns V. Board of Education

Appellate Division of the Supreme Court of New York · Decided June 24, 1938

254 A.D. 486; 5 N.Y.S.2d 397; 1938 N.Y. App. Div. LEXIS 6459

Counsel

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.

Opinion of the Court

Per Curiam.

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.

Present — O’Malley, Townley, Untermybr, Dore and Cohn, JJ.

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

Case-law data current through December 31, 2025. Source: CourtListener bulk data.