Opinion
February 1, 1971
In a proceeding pursuant to article 78 of the CPLR to prohibit the respondent Board of Education from making deductions from the compensation of teachers and others in its employ pursuant to subdivision 2 of section 210 Civ. Serv. of the Civil Service Law, in which proceeding the constitutionality of that statute is challenged, petitioners appeal from an order of the Supreme Court, Westchester County, dated January 19, 1970, which granted the separate motions of said respondent and the intervenor-respondent to dismiss the petition upon objections in point of law (CPLR 7804, subd. [f]). Permission for the taking of the appeal is herewith granted (CPLR 5701, subd. [c]). Order affirmed, without costs, upon the opinion of Mr. Justice CLARE J. HOYT at the Special Term. Munder, Acting P.J., Martuscello, Shapiro, Christ and Benjamin, JJ., concur. [ 62 Misc.2d 274.]