Majority
p. 833Hazel M. Kory, Respondent, v. Board of Higher Education of the City of New York, Appellant. Clara B. Parodneck et al., Respondents, v. Board of Higher Education of the City of New York, Appellant. David M. Sharefkin et al., Respondents, v. Board of Higher Education of the City of New York, Appellant. Benjamin Brickman et al., Respondents, v. Board of Higher Education of the City of New York, Appellant.
No. opinion. Present — Martin, P. J., Townley, Untermyer, Dore and Callahan, JJ.; Martin, P. J., and Callahan, J., dissent and vote to reverse and grant judgment for defendant, on the ground that there was no schedule applicable to Brooklyn College on March 5, 1931; therefore section 889 of the Education Law contains no restriction against the condition which the Board of Higher Education attempted to impose.