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Matter of Shraeder v. Kern

Court of Appeals of the State of New York
Nov 19, 1941
38 N.E.2d 110 (N.Y. 1941)

Summary

In Matter of Shraeder v Kern (287 N.Y. 13, 14), where a public servant's probationary period had expired, the Court of Appeals held that a certification must be rescinded "where an applicant has made a misstatement of a material fact upon which the Commission has relied and upon which it has based its conclusion that the applicant was eligible to take the examination.

Summary of this case from Prasad v. Merges

Opinion

Argued October 7, 1941

Decided November 19, 1941

Appeal from the Supreme Court, Appellate Division, First Department, LEVY, J.

William C. Chanler, Corporation Counsel ( Charles F. Murphy and Paxton Blair of counsel), for appellants.

Ruth Gottdiener for respondent.


The Municipal Civil Service Commission has power and is under a duty to rescind a certification where an applicant has made a misstatement of a material fact upon which the Commission has relied and upon which it has based its conclusion that the applicant was eligible to take the examination. That is true whether the misstatement was made with fraudulent intent or by mistake.

The orders should be reversed and the petition dismissed, without costs. (See 287 N.Y. 760.)

LEHMAN, Ch. J., LOUGHRAN, FINCH, RIPPEY, LEWIS, CONWAY and DESMOND, JJ., concur.

Orders reversed, etc.


Summaries of

Matter of Shraeder v. Kern

Court of Appeals of the State of New York
Nov 19, 1941
38 N.E.2d 110 (N.Y. 1941)

In Matter of Shraeder v Kern (287 N.Y. 13, 14), where a public servant's probationary period had expired, the Court of Appeals held that a certification must be rescinded "where an applicant has made a misstatement of a material fact upon which the Commission has relied and upon which it has based its conclusion that the applicant was eligible to take the examination.

Summary of this case from Prasad v. Merges

In Matter of Shraeder v. Kern (287 N.Y. 13, reargument denied 287 N.Y. 760) decided eight months after Matter of Wolff v. Hodson (supra) the notice for the examination provided that an applicant must (1) be between the ages of 18 and 32, or (2) have been employed for not less than three months in a public welfare department or an emergency relief bureau between July 1, 1936 and June 30, 1937.

Summary of this case from Matter of Perotta v. Gregory
Case details for

Matter of Shraeder v. Kern

Case Details

Full title:In the Matter of PAULINE SHRAEDER, Respondent, against PAUL J. KERN et…

Court:Court of Appeals of the State of New York

Date published: Nov 19, 1941

Citations

38 N.E.2d 110 (N.Y. 1941)
38 N.E.2d 110

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