¶1OPINION OF THE COURT
¶2On summary consideration, determination appealed from and order of the Appellate Division brought up for review reversed, with costs, and the original determination of dismissal reinstated (Matter of Pell v Board of Educ., 34 NY2d 222).
¶3Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones and Wachtler. Judges Fuchsberg and Meyer dissent and vote to affirm for reasons stated in the memorandum at the Appellate Division (78 AD2d 969).