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MATTER OF FUCHS v. BD. OF EDUC. OF THE CITY OF NEW YORK

1 A.D.2d 785 (1956)

In the Matter of Reuben Fuchs et al., Appellants, v. Board of Education of the City of New York et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 23, 1956

Order unanimously affirmed, with $10 costs and disbursements.

The fact that appellants have been marked qualified for appointment to a position which is concededly in the noncompetitive class does not give them a right to appointment. (Hurley v. Board of Educ. of City of N. Y., 270 N.Y. 275; Reiser v. State of New York, 198 Misc. 647; Matter of Turel v. Delaney, 287 N.Y. 15; Matter of Bailey v. Kern,...

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