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

38 A.D.2d 541 (1971)

In the Matter of Theodore Powell, Respondent, 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.

December 21, 1971

Respondent's by-laws and the State Education Law make it abundantly clear that petitioner, in his capacity as president of the college, did not have tenure and consequently the Board of Higher Education had the power to remove him without preferring charges and holding a hearing.

Petitioner was appointed in a dual capacity, as president of the college and as university professor of political science. There being no term nor tenure provided for the position of president...

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