Mugavin v. Nyquist , 39 N.Y.2d 1003 ( 1976 )

Order affirmed, with costs, on the memorandum of the Appellate Division (48 AD2d 727; see, also, Matter of Nash v Board of Educ., 38 NY2d 686).

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