Majority
p. 745In the Matter of the Application of Robert Rubenstein, Respondent, for an Order of Certiorari Pursuant to Article 78 of the Civil Practice Act, against The Board of Regents of the University of the State of New York, Respondent, Appellant.
Order reversed on the law and facts, with fifty dollars costs and disbursements, and the determination of the Board of Regents together with the order of the Commissioner of Education reinstated, with fifty dollars costs, on the authority of Matter of Cherry v. Board of Regents, etc. (ante, p. 23), decided herewith. Hill, P. J., Crapser, Bliss, Heffeman and Schenck, JJ., concur.