Opinion
Argued September 18, 1978
Decided October 24, 1978
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, JOSEPH P. KUSZYNSKI, J.
Anthony J. De Marie for appellant.
Daniel R. Polowy for respondents.
Order affirmed, with costs, on the memorandum at the Appellate Division ( 57 A.D.2d 1040; see, also, Matter of Antonucci v Port Chester-Rye Union Free School Dist., 42 N.Y.2d 878; but cf. Matter of Harris v Mechanicville Cent. School Dist., 45 N.Y.2d 279, 284-285 ).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.