Lombardo v. Board of Higher Education of New York

The Board of Higher Education, in a proceeding brought against it under article 78 of the Civil Practice Act, *445appeals, with leave, from an order directing a jury trial of issues of fact. Petitioners are associate professors in one of the city colleges who contend that they failed of appointment as full professors because of religious discrimination. They seek annulment of the actions of the college and the board in refusing them such promotion and also request further unspecified relief.

The pivotal issues are few and determinative. Resolution of these issues requires reversal of the order and…