# Carruthers v. Board of Superintendents of the Board of Education

> New York Court of Appeals · March 8, 1951 · 302 N.Y. 672

URL: https://www.frixlaw.com/law-library/cases/5481600

## Case

- **Full name:** In the Matter of Arthur F. Carruthers, against Board of Superintendents of the Board of Educacation of the City of New York
- **Court:** New York Court of Appeals
- **Decided:** March 8, 1951
- **Citations:** 302 N.Y. 672; 98 N.E.2d 479; 1951 N.Y. LEXIS 842
- **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/5481600

## Opinion text

Order affirmed, with costs; no opinion.
Concur: Loijghrax, Ch. J., Lewis, Coxway and Froessel, JJ.; Desmond, Dye and Fuld, JJ., dissent in the following memorandum: Section 2520 of the Education Law limits eligibility for the position of director of the bureau of attendance to those in a lower supervisory grade in that bureau. In our view, however, it does not — and cannot constitutionally (N. Y. Const., art. V, § 6) — compel the appointing power — here the board of superintendents of the New York City board of education — to select a person who, in the reasonable judgment of the board, and based upon a proper and permissible noncompetitive examination,\is not qualified to fill such a position. Accordingly, we find no basis or warrant for an order mandating the board to make an appointment from among a group deemed by it to be unqualified. We would reverse the order and dismiss the petition.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5481600. Public record. Not legal advice.