# Kearns V. Board of Education

> Appellate Division of the Supreme Court of the State of New York · June 24, 1938 · 254 A.D. 486

URL: https://www.frixlaw.com/law-library/cases/5353858

## Case

- **Full name:** In the Matter of the Application of Sara G. Kearns and Others, for an Order against Board of Education of the City of New York
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** June 24, 1938
- **Citations:** 254 A.D. 486; 5 N.Y.S.2d 397; 1938 N.Y. App. Div. LEXIS 6459
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 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/5353858

## Opinion text

Per Curiam.
The petitioners were never appointed to the position of clerical assistant and, therefore, should not be designated as such. In the absence of a valid appointment from a proper list, the petitioners may not be designated as incumbents, even though they performed the duties of that position. (Wood v. City of New York, 274 N. Y. 155 ; Farrell v. City of Buffalo, 118 App. Div. 597 .)
The order should be reversed, with twenty dollars costs and disbursements to the defendant, and the petition dismissed.
Present — O’Malley, Townley, Untermybr, Dore and Cohn, JJ.
Order unanimously reversed, with twenty dollars costs and disbursements to the defendant, and the petition dismissed.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5353858. Public record. Not legal advice.