Zunic v. Nyquist — 40 N.Y.2d 962

Majority

p. 962

In the Matter of Stephen Zunic, Appellant, v Ewald B. Nyquist, as Commissioner of Education of the State of New York, et al., Respondents.

Argued October 22, 1976;

decided November 23, 1976

p. 963

Ivor R. Moskowitz and Bernard F. Ashe for appellant.

Frank C. Shaw for respondent.

Order affirmed, with costs, on the opinion by then Presiding Justice J. Clarence Herlihy at the Appellate Division ( 48 AD2d 378 ).

p. 964

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.