| NY | Jun 28, 1979
OPINION OF THE COURT
Judgment appealed from and the order of the Appellate Division brought up for review reversed, with costs, and the petition dismissed (see New York City Tr. Auth. v Beazer, 440 U.S. 568" date_filed="1979-03-26" court="SCOTUS" case_name="New York City Transit Authority v. Beazer">440 US 568; Matter of Pell v Board of Educ., 34 NY2d 222).
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Meyer. Taking no part: Judge Fuchs-berg.