# Smyth v. Board of Education

> Appellate Division of the Supreme Court of the State of New York · May 15, 1925 · 214 A.D. 735

URL: https://www.frixlaw.com/law-library/cases/5279779

## Case

- **Full name:** Samuel Smyth, Jr. v. Board of Education, Union Free School District No. 4, Town of North Hempstead
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** May 15, 1925
- **Citations:** 214 A.D. 735
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5279779

## Opinion text

Orders reversed upon the law and the facts, with ten dollars costs and disbursements, and motion to substitute an arbitrator granted. Without the slightest reflection upon the honesty and integrity of the umpire selected here, we are of opinion that the defendant is entitled to the appointment of an umpire whose acts cannot be criticised upon the ground that he is in fact a friend of the plaintiff, and that the umpire injected himself into the proceeding and still insists upon acting as such umpire against the defendant’s protest. Kelly, P. J., Jayeox, Manning, Young and Kapper, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5279779. Public record. Not legal advice.