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WAGSCHAL v. BD OF EXAM'RS

117 A.D.2d 470 (1986)

In the Matter of Rose Wagschal, Appellant, v. Board of Examiners of the Board of Education of the City of New York, Respondent

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

June 16, 1986

Attorney(s) appearing for the Case

James R. Sandner (Donald Congress of counsel), for appellant.

Frederick A. O. Schwarz, Jr., Corporation Counsel (Stephen J. McGrath and Cecilia Tso of counsel), for respondent.

LAZER, J. P., MANGANO and BRACKEN, JJ., concur; THOMPSON, J., dissents and votes to reverse the judgment appealed from, on the law, and grant the petition, annul the determination dated September 23, 1983, and to direct the respondent to grant the petitioner's application for a license as a school psychologist, with an opinion in which RUBIN, J., concurs.

Per Curiam.

We deal here with the petitioner's effort to convince us to substitute our judgment concerning educational requirements for that of the Board of Examiners of the Board of Education of the City of New York, and, indeed, of the Chancellor as well. The Board of Education's judgment was that the educational background of persons seeking licenses as school psychologists should include either an approved program for...

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