# Fallon v. Board of Higher Education

> Appellate Division of the Supreme Court of the State of New York · November 2, 1959 · 9 A.D.2d 766

URL: https://www.frixlaw.com/law-library/cases/5712452

## Case

- **Full name:** In the Matter of Dale G. Fallon, against Board of Higher Education of the City of New York
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** November 2, 1959
- **Citations:** 9 A.D.2d 766; 192 N.Y.S.2d 239; 1959 N.Y. App. Div. LEXIS 6370
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5712452

## Opinion text

Appeal from an order denying the petition and dismissing the proceeding. Appellant sought to review respondents’ determinations and to direct his appointment to the permanent instructional staff of Queens College. Order unanimously affirmed, without costs. Despite the fact that appellant was not notified before April 1, 1958 of the intention not to recommend him for reappointment for a fourth year of service (the decision not to recommend having been made after April 1, 1958), and despite the fact that such failure to notify was in contravention of section 146 of the by-laws of the Board of Higher Education, the failure to comply with that by-law may not be deemed to be the affirmative action for reappointment required by statute. (Education Law, § 6202.) The court may not substitute its judgment for that of the board. Present — Nolan, P. J., Wenzel, Beldoek, Murphy and Ughetta, JJ. [14 Mise 2d 9.]

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5712452. Public record. Not legal advice.