Majority
p. 949In the Matter of the Application of Charles Edward Ironside, Petitioner, Appellant, for an Order against Ordway Tead (Chairman) and Others, Composing and Constituting the Board of Higher Education of the City of New York, Respondents.
The court properly permitted to remain in the answer that portion of the defense sought to be stricken out. We do not pass upon any other issue. Order unanimously affirmed, with twenty dollars costs and disbursements. Present — Martin, P. J., Glennon, Dore, Cohn and Callahan, JJ.