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MATTER OF FALLON v. BD. OF HIGHER EDUC. OF THE CITY OF NEW YORK

9 A.D.2d 766 (1959)

In the Matter of Dale G. Fallon, Appellant, v. Board of Higher Education of the City of New York et al., Respondents

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

November 2, 1959

Order unanimously affirmed, without costs.

Despite the fact that appellant was not notified before April 1, 1958 of the intention not to recommend him for reappointment for a fourth year of service (the decision not to recommend having been made after April 1, 1958), and despite the fact that such failure to notify was in contravention of section 146 of the by-laws of the Board of Higher Education, the failure to comply with that by-law may not be deemed to be the...

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