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9 New York opinions name it 3 courts 1963–1988 0 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Acosta v. Langgreen2 sentences1988The standard to be applied to a challenge of the kind presented by the petitioners is whether or not the challenger has established that "the answer given by the candidate on the test is better or at least as good as the key answer” (Matter of Acosta v Lang, 13 NY2d 1079, 1981 ). 1984According to the Court of Appeals in Matter of Acosta v Lang ( 13 NY2d 1079,1081 ), petitioners need not demonstrate the absence of a reasonable basis for the key answer, “but merely that the answer given by the candidate on the test is better or at least as good as the key answer. | 1 | 6 |
Oback v. Nadelgreen2 sentences1983Where there are two equally acceptable answers to a question, the selection of one as the correct answer must be deemed to be the result of an arbitrary decision” (13 NY2d, p 1081; Matter of Oback v Nadel, 57 NY2d 620 ). 1983An Acosta challenge need not “show that there is no reasonable basis for the key answer selected by the commission, but merely that the answer given by the candidate on the test is better or at least as good as the key answer” (p 1081; see, also, Matter ofOback v Nadel, 57 NY2d 620 ). | 1 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Matter of Gruner v. McNamara
green
2 sentences1964Where there are two equally acceptable answers to a question, the selection of one as the correct answer must be deemed to be the result of an arbitrary decision (Matter of Fink v. Finegan, 270 N. Y. 356 ; Matter of Gruner v. McNamara, 298 N. Y. 395 ). 1963Where there are two equally acceptable answers to a question, the selection of one as the correct answer must be deemed to be the result of an arbitrary decision (Matter of Fink v. Finegan, 270 N. Y. 356 ; Matter of Gruner v. McNamara, 298 N. Y. 395 ). | 2 | 1963–1964 |
Matter of Fink v. Finegan
green
2 sentences1964Where there are two equally acceptable answers to a question, the selection of one as the correct answer must be deemed to be the result of an arbitrary decision (Matter of Fink v. Finegan, 270 N. Y. 356 ; Matter of Gruner v. McNamara, 298 N. Y. 395 ). 1963Where there are two equally acceptable answers to a question, the selection of one as the correct answer must be deemed to be the result of an arbitrary decision (Matter of Fink v. Finegan, 270 N. Y. 356 ; Matter of Gruner v. McNamara, 298 N. Y. 395 ). | 2 | 1963–1964 |
Dolan v. Krone
neutral
1 sentence1983Where such a prima facie showing is made, and no issue of fact is found to exist, the court may sustain the challenge without a hearing. {Matter of Dolan v Krone, 16 NY2d 917 ; Matter of Barry v Department of Personnel, Civ. | 1 | 1983–1983 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.