New York Court of Appeals
Richard Austin, Respondents v. Board of Higher Education of the City of New York, Appellant
April 9, 19595 N.Y.2d 430
Summary
The Court of Appeals held that the plaintiffs, discharged public employees, must pursue reinstatement through an article 78 proceeding and therefore their amended complaint for back salary was improper and should be dismissed. The Court reversed the Appellate Division’s order denying the motion to dismiss and reinstated the Special Term’s dismissal of the complaint. Justice Desmond dissented, arguing that the plaintiffs should be allowed to recover back salary based on the Supreme Court’s decision and the board’s stipulation.