The Board has "all the powers of the officer from whom the appeal is taken," and the nature of the board's power "is not changed by the particular board or officer that exercises it, but the power classifies itself according to its function."
How later courts described this case
- The Board has "all the powers of the officer from whom the appeal is taken," and the nature of the board's power "is not changed by the particular board or officer that exercises it, but the power classifies itself according to its function."
Written by the judges who cited it.
The opinion
Order affirmed, without costs.
Concur: Chief Judge Desmond and Judges Dye, Fuld and Burke. Judge Van Voorhis dissents in the following opinion in which Judges Froessel and Foster concur.