Distinguished
Distinguished by Axel v. Board of Education, 56 A.D.2d 598 (1977)
Matter of Lee v Board of Educ. (182 Misc 1011, affd 269 App Div 747, affd 295 NY 647) is inapposite.
The opinion
Order affirmed, with costs; no opinion. [See 295 N. Y. 825 .]
Concur: Lewis, Conway, Thacher and Dye, JJ. Loughran, Ch. J., and Desmond, J., dissent and vote to grant the petition of the appellant. Taking no part: Medalie, J.