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LEGIS. CONFERENCE v. BD. OF HIGHER EDUC.

38 A.D.2d 478 (1972)

Legislative Conference of the City University of New York, 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.

April 11, 1972.

Attorney(s) appearing for the Case

Mary P. Bass of counsel (Stanley Buchsbaum with her on the brief; J. Lee Rankin, Corporation Counsel), for appellant.

Alan F. Perl of counsel (Stephen H. Sturm with him on the brief; Sturm & Perl, attorneys), for respondent.

STEVENS, P. J., concurs with McGIVERN, J.; McNALLY, J., concurs in the result in an opinion; KUPFERMAN, J., dissents in an opinion, in which TILZER, J., concurs.

McGIVERN, J.

The Board of Higher Education appeals from the confirmation of an arbitration award directing the reappointment of Zalmar Perlin as instructor at Brooklyn College. The award was confirmed by judgment of the Supreme Court, New York County (ASCIONE, J.), entered on or about June 19, 1971.

The petitioner had been employed as an instructor of art at Brooklyn College, initially as a part-time and full-time lecturer, a non-tenure-bearing...

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