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Matter of Tessier v. Board of Education

Court of Appeals of the State of New York
Feb 21, 1967
225 N.E.2d 560 (N.Y. 1967)

Opinion

Argued January 9, 1967

Decided February 21, 1967

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department.

Ernest Fleischman for appellant.

Le Roy Van Nostrand, Jr., for respondent.


Order of Appellate Division reversed and determination of the Board of Education annulled, without costs, upon the dissenting opinion at the Appellate Division and matter remitted to the board for further proceedings in accordance with that opinion.

Concur: Chief Judge FULD and Judges VAN VOORHIS, BERGAN and KEATING. Judge BREITEL dissents and votes to affirm in the following opinion in which Judges BURKE and SCILEPPI concur.


Absent the power constitutionally to review the weight of evidence, this court should affirm the order of the Appellate Division. That court, although referring expressly to the questionable testimony in the case, recognized the limitations on its power of review and concluded that it could not ignore a finding supported by substantial evidence. Obviously, the substantial evidence test is a less rigorous one than that required to sustain a jury verdict against a direction for a new trial and certainly does not require that a reviewing court be convinced by the evidence (see, e.g., Matter of Humphrey v. State Ins. Fund, 298 N.Y. 327, 331-332; Matter of Miller v. Kling, 291 N.Y. 65, 68-69). In any event, the unshaken testimony of the two girls in this case, supported in some important matters by immediate or early complaint to their mothers and friends and as to details of time and place by admission, is certainly substantial evidence. Evidence not much better from much worse sources has sufficed to satisfy the reasonable doubt standard in criminal cases.

The order of the Appellate Division should be affirmed.

Order reversed, etc.


Summaries of

Matter of Tessier v. Board of Education

Court of Appeals of the State of New York
Feb 21, 1967
225 N.E.2d 560 (N.Y. 1967)
Case details for

Matter of Tessier v. Board of Education

Case Details

Full title:In the Matter of JOSEPH TESSIER, Appellant, v. BOARD OF EDUCATION OF UNION…

Court:Court of Appeals of the State of New York

Date published: Feb 21, 1967

Citations

225 N.E.2d 560 (N.Y. 1967)
225 N.E.2d 560
278 N.Y.S.2d 871

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