MATTER OF LUBELL v. NYQUIST


31 A.D.2d 569 (1968)

In the Matter of Bennett Lubell, Respondent, v. Ewald B. Nyquist, as Acting Commissioner of Education of The State of New York, et al., Appellants

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

November 14, 1968


REYNOLDS, J.

For the teaching test in question respondent was assigned to teach to what was denominated as an average eighth term class an abridgement of an Ivor Brown article that appeared in the New York Sunday Times of December 15, 1963. Special Term found that the class respondent was assigned to teach was not in fact an average class as respondent had been told but was, instead, well below average, that accordingly the test given was unfair...

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