Opinion
Decided May 7, 1981
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department.
Carl R. Krause for appellants.
Leo J. Fallon for respondent.
On summary consideration, determination appealed from and order of the Appellate Division brought up for review reversed, with costs, and the original determination of dismissal reinstated (Matter of Pell v Board of Educ., 34 N.Y.2d 222).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES and WACHTLER. Judges FUCHSBERG and MEYER dissent and vote to affirm for reasons stated in the memorandum at the Appellate Division ( 78 A.D.2d 969).