From Casetext: Smarter Legal Research

Matter of Roller v. Board of Higher Educ

Appellate Division of the Supreme Court of New York, First Department
May 15, 1973
41 A.D.2d 917 (N.Y. App. Div. 1973)

Opinion

May 15, 1973


Order, Supreme Court, New York County, entered on December 1, 1972, and judgment of said court entered thereon on December 29, 1972, affirmed, without costs and without disbursements.

Concur — Nunez, J.P., Murphy, Lane and Capozzoli, JJ.; Kupferman, J., dissents in the following memorandum:

Inasmuch as a serious question is presented with respect to tenure ( Perry v. Sinderman, 408 U.S. 593; Board of Regents v. Roth, 408 U.S. 564; Legislative Conference of City Univ. of N.Y. v. Board of Higher Educ. of City of N.Y., 38 A.D.2d 478, affd. 31 N.Y.2d 926), the bar of CPLR 217 against this article 78 proceeding ought to have firmer underpinnings. If the college reserved the right to reconsider at the end of the semester, "on or about June 8" could very well include June 12, and inasmuch as the proceeding commenced on October 11, it would be timely.


Summaries of

Matter of Roller v. Board of Higher Educ

Appellate Division of the Supreme Court of New York, First Department
May 15, 1973
41 A.D.2d 917 (N.Y. App. Div. 1973)
Case details for

Matter of Roller v. Board of Higher Educ

Case Details

Full title:In the Matter of MARION ROLLER, Appellant, v. BOARD OF HIGHER EDUCATION IN…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 15, 1973

Citations

41 A.D.2d 917 (N.Y. App. Div. 1973)