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MATTER OF CHAVICH v. BD. OF EXAM'RS

23 A.D.2d 57 (1965)

In the Matter of Alexander Chavich, Respondent, v. Board of Examiners of the Board of Education of the City of New York et al., Appellants

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

April 12, 1965.

Attorney(s) appearing for the Case

Leo A. Larkin, Corporation Counsel (Seymour B. Quel, Joseph M. Callahan, Jr., and Isidore Heyman of counsel), for appellants.

Schmidt & McCormick (John M. Kenney of counsel), for respondent.

UGHETTA and HILL, JJ., concur with BELDOCK, P. J.; RABIN, J., dissents and votes to modify the judgment, in opinion in which CHRIST, J., concurs.

BELDOCK, P. J.

Petitioner passed all the written, interview, and performance tests in connection with his examination for license as a regular teacher of music in the New York City junior high schools. However, he failed the required physical and medical examination solely because he is blind. The regulations of the appellant Board of Examiners of the Board of Education...

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