
    In the Matter of Penny Gersen et al., Appellants, against Board of Education of the City of New York et al., Respondents.
   In a proceeding brought pursuant to article 78 of the Civil Practice Act, for an order directing respondents to appoint petitioners as high school teachers, order dismissing petition unanimously affirmed, without costs. It appears without dispute that all of the positions which were regularly created and for which money had been appropriated in the budget were filled in the Spring, 1952, and Fall, 1952, terms. Present — Carswell, Acting P. J., Adel, Wenzel, MaeCrate and Schmidt, JJ.  