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MTR. OF LOMBARDO v. BD. OF EDUC.

18 A.D.2d 444 (1963)

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

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

May 14, 1963.

Attorney(s) appearing for the Case

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

Edward D. Burns of counsel (Saxe, Bacon & O'Shea, attorneys), for respondents.

Whitman Knapp of counsel (Robert M. Benjamin, Frank E. Karelsen and Fred N. Fishman with him on the brief), for Public Education Association, amicus curiæ.

BOTEIN, P. J., RABIN, McNALLY and STEUER, JJ., concur.

BREITEL, J.

The Board of Higher Education, in a proceeding brought against it under article 78 of the Civil Practice Act, appeals, with leave, from an order directing a jury trial of issues of fact. Petitioners are associate professors in one of the city colleges who contend that they failed of appointment as full professors because of religious discrimination. They seek annulment of the actions of the college...

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