
    In the Matter of Stephen Zunic, Appellant, v Ewald B. Nyquist, as Commissioner of Education of the State of New York, et al., Respondents.
    Argued October 22, 1976;
    decided November 23, 1976
    
      
      Ivor R. Moskowitz and Bernard F. Ashe for appellant.
    
      Frank C. Shaw for respondent.
   Order affirmed, with costs, on the opinion by then Presiding Justice J. Clarence Herlihy at the Appellate Division (48 AD2d 378).

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.  