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 amended complaint failed to state a cause of action because discharged public employees must first seek reinstatement through an article 78 proceeding, as mandated by legislative intent and the four‑month statute of limitations. Accordingly, the Appellate Division's denial of the motion to dismiss was reversed and the Special Term's judgment reinstated. A dissent argued that the plaintiffs should be allowed to recover back salary based on the Supreme Court's due‑process ruling and the board's stipulation. The dissent is noted at the end of this summary.