MEMORANDUM. The order of the Appellate Division should be affirmed, on so much of the memorandum thereat as states that the Board of Education acted properly in terminating the employment of these petitioners. With respect to the concluding two sentences of that memorandum it should be noted that, in a decision rendered simultaneously with this, we have reversed the Appellate Division's order in Steele v Board of Educ. ( 52 A.D.2d 598). (See 40 N.Y.2d 456.)
FUCHSBERG, J. (dissenting).
For the reasons stated in my opinion in Steele v Board of Educ. ( 40 N.Y.2d 456, decided herewith), the order of the Appellate Division should be reversed, the petition sustained, and the matter remitted so that an order requiring the reformulation of seniority lists could be entered below.
Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and COOKE concur; Judge FUCHSBERG dissents and votes to reverse in a separate memorandum.
Order affirmed, without costs, in a memorandum.