MATTER OF AXEL v. BOARD OF EDUC. OF CITY OF NEW YORK, 44 N.Y.2d 667 (1978)

405 N.Y.S.2d 41, 376 N.E.2d 202

In the Matter of ISAAC AXEL et al., and All Others Similarly Situated, Respondents, v. BOARD OF EDUCATION OF THE CITY OF NEW YORK et al., Appellants.

Court of Appeals of the State of New York.Argued February 13, 1978
Decided March 23, 1978

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department,

Page 668

ARTHUR S. HIRSCH, J.

Page 669

Allen G. Schwartz, Corporation Counsel (Susan L. Bloom, Leonard Koerner and Michael S. Cecere of counsel), for appellants.

Thomas C. Greble and James R. Sandner for respondents.

Order reversed, with costs, and judgment of Supreme Court, Kings County, reinstated on the opinion by Mr. Justice ARTHUR S. HIRSCH at Special Term.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.