Unanimously modified, on the law, to delete from the second decretal paragraph the words "as a constitutional deprivation of due process", and the words "it is further" in the third decretal paragraph and the entire fourth decretal paragraph, and, as so modified, affirmed, without costs.
We agree with the conclusion reached by Special Term. However, we would bottom the result on the action of the superintendent in first including petitioners among the class eligible...
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