
    In the Matter of Theodore Powell, Appellant, v. Board of Higher Education of the City of New York, Respondent.
    Argued June 2, 1972;
    decided July 6, 1972.
    
      
      Joseph S. Rosenthal, Norbert Ruttenberg, Edward Cherney and Michael V. Mermey for appellant.
    
      J. Lee Rankin, Corporation Counsel (Edmund B. Hennefeld and Stanley Buchsbaum of counsel), for respondent.
   Order affirmed, without costs, on the opinion at the Appellate Division.

Concur: Chief Judge Fxjld and Judges Bubke, Scileppi, Bebgan, Bbeitel, Jasen and Gibson.  