Opinion
Argued March 31, 1982
Decided May 6, 1982
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, JOHN H. PENNOCK, J.
Bernard F. Ashe, Ira Paul Rubtchinsky and Gerard John De Wolf for appellant.
Paul E. Sherman, Jr., Robert D. Stone and Jean M. Coon for Commissioner of Education of the State of New York, respondent.
Adam D. Kaufman for Board of Education of the Rochester City School District and another, respondents.
Norman H. Gross for New York State School Boards Association, amicus curiae.
Orders affirmed, with costs ( Matter of Shurgin v Ambach, 56 N.Y.2d 700).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.