Legal Opinion

Austin v. Board of Higher Education

New York Court of Appeals

Decided April 9, 1959Published

1Opinion of the Court

5 N.Y.2d 430 (1959)

Richard Austin et al., Respondents,

v.

Board of Higher Education of the City of New York, Appellant.

Court of Appeals of the State of New York.

Argued January 12, 1959.

Decided April 9, 1959.

Charles H. Tenney, Corporation Counsel (Robert E. Hugh, Leo A. Larkin and Thomas A. Brennan of counsel), for appellant.

Osmond K. Fraenkel for respondents.

Judges DYE, FROESSEL, VAN VOORHIS and BURKE concur with Chief Judge CONWAY; Judge DESMOND dissents in an opinion in which Judge FULD concurs.

Chief Judge CONWAY.

On this appeal we are called upon to answer the following question certified to…

2Cases cited15 opinions

  1. Slochower v. Board of Higher Ed. of New York CitySupreme Court of the United States · 1956
  2. Austin v. Board of Higher EducationNew York Court of Appeals · 1959
  3. Reed v. . McCordNew York Court of Appeals · 1899
  4. Daniman v. Board of EducationNew York Court of Appeals · 1954
  5. Toscano v. McGoldrickNew York Court of Appeals · 1949

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