Roller v. Board of Higher Education — 41 A.D.2d 917

Majority

p. 917

In the Matter of Marion Roller, Appellant, v. Board of Higher Education in the City of New York et al., Respondents.

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.

Cases cited

Perry v. Sindermann 408 U. S. 593 SCOTUS 1972-06-29 p. 917
Board of Regents of State Colleges v. Roth 408 U. S. 564 SCOTUS 1972-06-29 p. 917
Legislative Conference v. Board of Higher Education 38 A D 2d 478 N.Y. App. Div. 1972-04-11 p. 917
Legislative Conference of the City University v. Board of Higher Education 31 N Y 2d 926 N.Y. 1972-12-29 p. 917