
    In the Matter of Thomas Boyes et al., Appellants, v. James E. Allen, Jr., as Commissioner of Education of the State of New York, et al., Respondents.
    Argued January 8, 1970;
    decided January 22, 1970.
    
      
      Arthur J. Golder, Jr. for appellants.
    
      Joseph F. Gibbons, Robert D. Stone and John P. Jehu for respondents.
   Concur: Chief Judge Fuld and Judges Bubke, Scileppi, Bergan, Beitel and Jasen. Taking no part: Judge Gibson.  