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

13 N.Y.2d 1097 (1963)

In the Matter of Josef V. Lombardo et al., Appellants, v. Board of Higher Education of the City of New York, Respondent.

Court of Appeals of the State of New York.

Decided December 30, 1963.

Attorney(s) appearing for the Case

Edward D. Burns for appellants.

Leo A. Larkin, Corporation Counsel (Mathias F. Correa of counsel), for respondent.

Anthony Curreri for Columbia Association of the Board of Education, amicus curiæ.

Whitman Knapp, Robert M. Benjamin, Frank E. Karelsen and Fred N. Fishman for Public Education Association, amicus curiæ.

Edward J. McCann for Catholic Teachers Association of the Diocese of Brooklyn, Inc., amicus curiæ.

Foley & Grainger for Bay Ridge Catholic Action Guild, Inc., amicus curiæ.

Concur: Judges DYE, FULD, VAN VOORHIS, BURKE and FOSTER. Judge SCILEPPI dissents in the following opinion in which Chief Judge DESMOND concurs:

Order affirmed, without costs.

SCILEPPI, J. (dissenting).

This article 78 proceeding, involving charges of religious bias and prejudice with regard to promotions at a tax-supported college, is not, in my opinion, premature (see, e.g., Matter of Hughes v. Board of Higher Educ., 309 N.Y. 319; Matter of O'Connor v. Emerson, 196 App. Div. 807, 810, affd. 232 N.Y. 561). The only question of substance here...

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