
    Theodore Kirkland, Respondent, v Board of Education of the City of Buffalo et al., Appellants; Wayne Howard, Intervenor-Appellant. (Appeal No. 1.)
   Appeal unanimously dismissed as academic in view of decision in Kirkland v Board of Educ. of City of Buffalo (49 AD2d 693). (Appeal from order of Erie Special Term in declaratory judgment action to nullify appointment to position.) Present—Marsh, P. J., Moule, Simons, Mahoney and Del Vecchio, JJ.  