Opinion
Argued October 17, 1966
Decided November 29, 1966
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department.
Ernest Fleischman and Stephen F. Gordon for appellant.
Leo F. McGinity, Louis N. Orfan and Eugene R. Hurley for respondent.
Howard A. Rochford, C. Ellis Schiffmacher and Paul E. Fitzmorris for Council of School Superintendents of the State of New York and another, amici curiae.
Order affirmed, without costs; no opinion.
Concur: Chief Judge DESMOND and Judges BURKE, SCILEPPI and KEATING. Judges FULD, VAN VOORHIS and BERGAN dissent and vote to reverse and to annul the determination upon the dissenting opinion at the Appellate Division.