Lesser v. Board Of Education Of City Of New York

18 A.D.2d 388 (1963)

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Nature of the Case

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Facts

The mother and guardian ad litum of Melvin Lesser, an infant, (P) instituted this proceeding under article 78 of the Civil Practice Act to compel various Ds to review the scholastic records of P to make corrections to those records and to admit P to Brooklyn College. P graduated from high school in 1962 with a scholastic average of 84.3% while participating in advanced standing courses. P contends that despite his credible accomplishments he had been denied admission to Brooklyn College. P’s average was below the 85% average set by Brooklyn College as its cut off point. Also, P’s College Board Aptitude Test was not sufficient when merged with his high school average to allow him to attend Brooklyn College. P contends that her son should have gotten greater weight to his high school grades in that he took harder courses under the advanced Scholarship Program. P also attacked the fairness of an admissions program that merely operated on a mechanically applied average. The court below sustained her contentions, and it directed Ds to redetermine P’s marks so as to bring him up to the 85% average and then to admit him to college. Ds appealed.