# Fuchs v. Board of Education

> Appellate Division of the Supreme Court of the State of New York · January 23, 1956 · 1 A.D.2d 785

URL: https://www.frixlaw.com/law-library/cases/5680094

## Case

- **Full name:** In the Matter of Reuben Fuchs, against Board of Education of the City of New York
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** January 23, 1956
- **Citations:** 1 A.D.2d 785; 147 N.Y.S.2d 858; 1956 N.Y. App. Div. LEXIS 6599
- **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/5680094

## Opinion text

In a proceeding to compel the respondent superintendent of schools to recommend to the respondent board of education the appointment of one of the appellants as its director of science, and for other relief, the appeal is from an order dismissing the petition, on respondents’ motion. Order unanimously affirmed, with $10 costs and disbursements. The fact that appellants have been marked qualified for appointment to a position which is eoncededly in the noncompetitive class does not give them a right to appointment. (Hurley v. Board of Educ. of City of N. Y., 270 N. Y. 275 ; Reiser v. State of New York, 198 Misc. 647 ; Matter of Turel v. Delaney, 287 N. Y. 15 ; Matter of Bailey v. Kern, 177 Misc. 904, 905 ; Matter of Ottinger v. Civil Service Comm., 240 N. Y. 435 .) Present — Wenzel, Acting P. J., Beldock, Murphy, Ughetta and Kleinfeld, JJ. [See post, p. 892.]

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5680094. Public record. Not legal advice.