MATTER OF NELSON v. BD. OF EXAM'RS OF THE BD. OF EDUC. OF THE CITY OF NEW YORK


27 A.D.2d 569 (1966)

In the Matter of Stanley Nelson et al., Respondents, v. Board of Examiners of the Board of Education of the City of New York, Appellant

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

December 27, 1966


Judgment affirmed, with one bill of $50 costs and disbursements.

We are of the opinion that the 21 items delineating the four major categories of the test were sufficient objective ratings. Accordingly, in that respect, we disagree with the conclusions of the learned Trial Justice. We do agree, however, that an adequate record should have been made in order to determine whether the ratings were capricious. The so-called running notes made by the panel, at a time when...

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