Powell v. Board of Higher Education

Judgment, Supreme Court, New York County, entered on October 18, 1971, directing that petitioner be reinstated to his former position as President of Kingsborough Community College, reversed, on the law, without costs and without disbursements, and the petition dismissed. Respondent’s by-laws and the State Education Law make it abundantly clear that petitioner, in his capacity as president of the college, did not have tenure and consequently the Board of Higher Education had the power to remove him without preferring charges and holding a hearing. Petitioner was appointed in a dual capacity,…