Matter of Shraeder v. Kern
Cases that cite this one
16 later published cases cite this decision.
- Smith v. Kingsboro Psychiatric Center (Appellate Division of the Supreme Court of New York 2006)
- Lagarenne v. Leake (Appellate Division of the Supreme Court of New York 1997)
- Stewart v. Civil Service Commission (Appellate Division of the Supreme Court of New York 1982)
- Mingo v. Pirnie (Appellate Division of the Supreme Court of New York 1980)
- Schual v. Lindenhurst Memorial Library (Appellate Division of the Supreme Court of New York 1979)
- Prasad v. Merges (Appellate Division of the Supreme Court of New York 1978)
- Reisman v. Codd (Appellate Division of the Supreme Court of New York 1976)
- Canarelli v. New York State Department of Civil Service (Appellate Division of the Supreme Court of New York 1974)
- Cyzowski v. Poston (New York Supreme Court 1969)
- Donohue v. Cornelius (New York Supreme Court 1963)
- Perotta v. Gregory (New York Supreme Court 1957)
- Going v. Kennedy (New York Supreme Court 1956)
- Romanchuk v. Murphy (New York Supreme Court 1951)
- Fitzgerald v. Conway (Appellate Division of the Supreme Court of New York 1949)
- Kaney v. New York State Civil Service Commission (New York Supreme Court 1948)
- Marinick v. Valentine (Appellate Division of the Supreme Court of New York 1942)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.