Austin v. Board of Higher Education

I must dissent from the majority decision reversing Special Term and reinstating the complaint. The action involves section 903 of the New York City Charter which is quoted in full in a footnote in the majority opinion.

It is my view that restoration, either voluntary by the board or as the result of an article 78 proceeding, is an essential prerequisite to recovery of compensation alleged to be illegally withheld. I must also disagree with the majority that, even though this complaint is held sufficient, there are available defenses. While we are not concerned with any defense just now, it is…