MATTER OF SPRUILS v. NEW YORK CITY TRANSIT AUTHORITY

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; Matter of Pell v Board of Educ., 34 N.Y.2d 222).

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and MEYER. Taking no part: Judge FUCHSBERG.