Legal Opinion

Austin v. Board of Higher Education

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

Decided May 27, 1958Published

1Opinion of the CourtBeeitel, J.

Plaintiffs appeal from dismissal of tbeir complaint on motion for legal insufficiency. Taking tbe complaint as true, as we must, plaintiffs were unlawfully dismissed from tbeir positions in tbe city colleges under tbe Board of Higher Education of tbe City of New York. Tbe dismissals occurred in 1953, following tbe pleading by plaintiffs of tbeir privilege against self incrimination in bearings before a United States Senate Subcommittee. These dismissals were pursuant to tbe provisions of section 903 of tbe New York City Charter.1 Since then, tbe United States Supreme Court in tbe case of…

2Cases cited8 opinions

  1. Slochower v. Board of Higher Ed. of New York CitySupreme Court of the United States · 1956
  2. Daniman v. Board of EducationNew York Court of Appeals · 1954
  3. Toscano v. McGoldrickNew York Court of Appeals · 1949
  4. Steinson v. . Bd. of Education of N.Y.New York Court of Appeals · 1901
  5. Thoma v. City of New YorkNew York Court of Appeals · 1934

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