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MATTER OF LEES v. SPAULDING

276 A.D. 256 (1949)

In the Matter of Denis J. Lees, Respondent, v. Francis T. Spaulding, as Commissioner of Education of The State of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 29, 1949.

Attorney(s) appearing for the Case

Charles A. Brind and Elizabeth M. Eastman for appellant.

C. Everts Mangan and Herbert A. Einhorn for respondent.

Gerald H. Chambers and C. Everts Mangan for Accountants' Association of New York, Inc., amicus curiæ.

BREWSTER and DEYO, JJ., concur with SANTRY, J.; BERGAN, J., dissents, in a memorandum, in which HEFFERNAN, J. P., concurs.

SANTRY, J.

The petitioner, on the 9th day of May, 1947, presented to the State Education Department an application for the issuance to him, without examination, of a Certified Public Accountant's Certificate, pursuant to section 1492 of the Education Law, as amended by chapter 340 of the Laws of 1947. The application was considered by the State Board of Certified Public Accountant Examiners, and denied on the...

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