New York Court of Appeals

In the Matter of Otto Marburg, Respondent, Against Ernest E. Cole, as Commissioner of Education of the State of New…

July 29, 1941286 N.Y. 202

Summary

The Court held that the Board of Regents and the Commissioner of Education did not act arbitrarily, capriciously, or unreasonably in refusing to endorse Dr. Otto Marburg's foreign medical license under section 1259 of the Education Law, and therefore reversed the lower courts' order directing endorsement and dismissed the proceeding. Justice Desmond dissented, arguing that the Board improperly limited the statutory standard and that the license should be endorsed.