227 A.D. 262 | N.Y. App. Div. | 1929
The petitioner, on November 9, 1927, was employed by the board of education of the city of New York as director of speech improvement in the schools “ subject to obtaining the necessary license.” To hold this position a license is necessary. Power to grant the necessary license to petitioner rested in the superintendent of schools and was to be issued “ on the recommendation of ” the board of examiners. (Education Law, § 870, subd. 6, as added by Laws of 1917, chap. 786; Id. § 871, added by Laws of 1917, chap. 786, as amd. by Laws of 1920, chap. 837.) Accordingly, in February, 1928, the petitioner made an application for her license and appeared before the board of examiners. She was duly examined and, on May 3, 1928, license was denied her because “ her interview examination has been rated unsatisfactory,
We have examined the very extended discussion in petitioner’s brief. To the contentions therein we briefly refer. The petitioner has not been deprived of any right without due process of law. At all stages of the proceedings she has had full opportunity to be heard before a duly constituted tribunal or body having jurisdiction. (Bertholf v. O’Reilly, 74 N. Y. 509, 519; Ives v. South Buffalo R. Co., 201 id. 271, 293; People v. Adirondack R. Co., 160 id. 225, 236; Davidson v. New Orleans, 96 U. S. 97, 104.) Nothing in the record suggests that the determination of the Commissioner was arbitrary or made without due consideration. The board of education had power to prescribe regulations and by-laws. (Education Law, § 868, subd. 9, as added by Laws of 1917, chap. 788.) The license required for the position was legally established and was in force at the time of her application for appointment. (New York City Board of Education By-laws [1927], §§ 71, 73.) Petitioner complains that one of the qualifications in section 73, namely, “ Graduation from a course of professional training of at least two years in the
The determination of the Commissioner of Education should be confirmed, with fifty dollars costs and disbursements.
Van Kirk, P. J., Hinman, Whitmyer, Hill and Hasbrouck, JJ., concur.
Determination confirmed, with fifty dollars costs and disbursements.