Kahn v. Becker

Eager, J. (dissenting).

The determination of the majority to reverse the order and judgment rendered at Special Term tends to infringe upon the powers of the Board of Higher Education as an autonomous body. The board is created as a “ separate and distinct body corporate ” (Education Law, § 6202, subd. 1) and is expressly vested with the authority to u govern and administer that part of the public school system within the city [of New York] which is of collegiate grade and which leads to academic, technical and professional degrees.” (Education Law, § 6201.) Except as is expressly provided by…