Opinion
August 1, 1977
In a proceeding pursuant to CPLR article 78, inter alia, to compel respondents to reinstate petitioner to his teaching position, with tenure, petitioner appeals from a judgment of the Supreme Court, Richmond County, dated September 8, 1976, which dismissed the petition. Judgment affirmed, without costs or disbursements, on the opinion of Mr. Justice Garbarino. In addition, we note that the cases of Matter of McGill v D'Ambrose ( 58 A.D.2d 604) and Matter of Nash v Board of Educ. ( 38 N.Y.2d 686) are applicable. Cohalan, J.P., Damiani, Hawkins and Mollen, JJ., concur.