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AUSTIN v. BD. OF HIGHER EDUC.

5 A.D.2d 664 (1958)

Richard Austin et al., Appellants, v. Board of Higher Education of City of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

May 27, 1958.

Attorney(s) appearing for the Case

Osmond K. Fraenkel for appellants.

Michael A. Castaldi of counsel (Peter Campbell Brown, Corporation Counsel, attorney), for respondent.

BOTEIN, P. J., McNALLY and STEVENS, JJ., concur with BREITEL, J., FRANK, J., dissents in opinion.

BREITEL, J.

Plaintiffs appeal from dismissal of their complaint on motion for legal insufficiency. Taking the complaint as true, as we must, plaintiffs were unlawfully dismissed from their positions in the city colleges under the Board of Higher Education of the City of New York. The dismissals occurred in 1953, following the pleading by plaintiffs of their privilege against self incrimination in hearings before...

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