Powell v. Board of Higher Educ of City of New York
| Decision Date | 06 July 1972 |
| Citation | 286 N.E.2d 921,30 N.Y.2d 889,335 N.Y.S.2d 438 |
| Parties | , 286 N.E.2d 921 Application of Theodore POWELL, Appellant, for a Judgment, etc., v. BOARD OF HIGHER EDUCATION OF the CITY OF NEW YORK, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from the Supreme Court, Appellate Division, First Department, 38 A.D.2d 541, 327 N.Y.S.2d 292.
Friedlander, Gaines, Ruttenberg & Goetz, New York City (Norbert Ruttenberg, Joseph S. Rosenthal, Edward Cherney, Michael V. Mermey, New York City, of counsel), for petitioner-appellant.
J. Lee Rankin, New York City (Stanley Buchsbaum, Edmund B. Hennefeld, New York City, of counsel), for respondent.
Proceeding by former community college president for order directing his reinstatement to his former position. The Supreme Court, New York County, Francis J. Bloustein, J., entered an order directing reinstatement and the Board of Higher Education of the City of New York appealed.
The Appellate Division held that under the by-laws of the Board of Education and the state education law the petitioner in his capacity as president of community college did not have tenure and was employed at will, and consequently the Board had power to remove him without preferring charges and holding a hearing. The judgment of the lower court was reversed and the petition dismissed. The petitioner appealed.
In the Court of Appeals the petitioner alleged that the Board's by-laws as amended gave him the right to academic due process and that the provisions of statute did not exclude petitioner from class of persons entitled to academic due process. The Board of Higher Education asserted that the petitioner in his capacity as college president was not entitled to charges on a hearing preliminary to his removal and that there was no denial of due process.
Order affirmed, without costs, on the opinion at the Appellate Division.
All concur.
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