Opinion
Argued November 13, 1974
Decided December 18, 1974
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department.
Adrian P. Burke, Corporation Counsel ( Irving Cohen and Milton H. Harris of counsel), for appellants. George Donald Covington for respondent.
Judgment reversed, without costs, and the determination of the commissioner reinstated. (See Matter of Pell v. Board of Educ., 34 N.Y.2d 222, 232, 233-234, 241.)
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS.