Legal Opinion · Dissent

Board of Higher Education v. Carter

Appellate Division of the Supreme Court of the State of New York

Decided May 29, 1962Published

1Dissent

Steuer, J. (dissenting).

In expressing contrary views to what has been determined, I shall endeavor not to go over ground that has already been covered. There are two issues in the case: Has SCAD jurisdiction over the board and, if so, what is the extent of its powers. There is complete agreement that the board is a State agency and that SCAD has jurisdiction over State agencies. That the board is a State agency has been amply demonstrated in the dissenting opinion. With the second proposition, I am constrained to agree, despite certain pragmatic difficulties that must eventuate from the…

2Cases cited8 opinions

  1. City of St. Petersburg v. CarterSupreme Court of Florida · 1949
  2. Township of East Oakland v. SkinnerSupreme Court of the United States · 1877
  3. Feemster v. City of TupeloMississippi Supreme Court · 1920
  4. Chase v. Inhabitants of LitchfieldSupreme Judicial Court of Maine · 1936
  5. In re the Claim of BersonAppellate Division of the Supreme Court of the State of New York · 1953

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