The opinion
Order reversed, with costs in all courts, and the prayer of the petition granted to the extent that petitioner be appointed nunc pro tunc as of July 1, 1962 to the position of principal of the Beacon six-year high school. We hold that on these facts such appointment is required as matter of law by subdivision 3 of section 2510 of the Education Law.
Concur: Chief Judge Desmond and Judges Dye, Fuld, Soileppi and Bergan. Judge Van Voorhis dissents in the following opinion in which Judge Burke concurs.