
    In the Matter of Alphonse Fiore, Appellant, v Board of Education Retirement System of the City of New York et al., Respondents.
    Argued June 7, 1976;
    decided July 13, 1976
    
      
      Sam Resnicoff for appellant.
    
      W. Bernard Richland, Corporation Counsel (Martin H. Selman and L. Kevin Sheridan of counsel), for respondents.
   Order affirmed, with costs, on the memorandum at the Appellate Division (48 AD2d 850).

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.  