New York Court of Appeals, 1941

Matter of Shraeder v. Kern

Matter of Shraeder v. Kern
New York Court of Appeals · Decided November 19, 1941 · <italic>Per Curiam.</italic>
38 N.E.2d 110; 287 N.Y. 13; 1941 N.Y. LEXIS 1405 (North Eastern Reporter, Second Series)
Matter of Shraeder v. Kern

Cases that cite this one

16 later published cases cite this decision.

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Opinion of the Court

Per Curiam.

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.