
    In the Matter of Joseph Shander, Respondent, v. James E. Allen, Jr., as Commissioner of Education of the State of New York, Appellant.
    Argued April 23, 1969;
    decided May 15, 1969.
    
      
      Louis J. Lefkowitz, Attorney-General (Thomas G. Conway and Ruth Kessler Toch of counsel), for appellant.
    
      Nathan A. Markowitz for respondent.
   Concur: Chief Judge Ftjld and Judges Burke, Soileppi, Bergan, Breitel and Jasen. Taking no part: Judge Keating.  