Axel v. Board of Education — 44 N.Y. 667

Majority

p. 667

In the Matter of Isaac Axel et al., and All Others Similarly Situated, Respondents, v Board of Education of the City of New York et al., Appellants.

Argued February 13, 1978;

decided March 23, 1978

p. 669

APPEARANCES OF COUNSEL

Allen G. Schwartz, Corporation Counsel (Susan L. Bloom, Leonard Koerner and Michael S. Cecere of counsel), for appellants.

Thomas C. Greble and James R. Sandner for respondents.

OPINION OF THE COURT

Order reversed, with costs, and judgment of Supreme Court, Kings County, reinstated on the opinion by Mr. Justice Arthur S. Hirsch at Special Term.

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