Majority
p. 882In the Matter of Leonard Fragomeni, Appellant, against Francis T. Spaulding, as Commissioner of Education of the State of New York, Respondent.
Brewster, Deyo and Santry, JJ., concur; Heffernan, J. P., and Bergan, J., dissent, for the reasons stated in Matter of Lees v. Spaulding ( 276 App. Div. 256 , decided herewith), and vote to affirm the Special Term.