
    In the Matter of Samuel Joshua, Respondent, v. George F. McGrath, as Commissioner of Correction of the City of New York, et al., Appellants.
    Argued November 13, 1974;
    decided December 18, 1974.
    
      
      Adrian P. Burke, Corporation Counsel (Irving Cohen and Milton H. Harris of counsel), for appellants.
    
      
      George Donald Covington- for respondent.
   Judgment reversed, without costs, and the determination of the commissioner reinstated. (See Matter of Pell v. Board of Educ., 34 N Y 2d 222, 232, 233-234, 241.)

Concur: Chief Judge Bbeitel and Judges Jasen, Gabbielli, Jones, Wachtleb, Babin and Stevens.  