Opinion
Argued August 27, 1974
Decided August 28, 1974
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, WILFRED A. WALTEMADE, J.
David Levy for appellant.
Leon Segan and David N. Raucher for Rose Catania, respondent.
Order affirmed, without costs ( Matter of Maurin v. Allis, 28 A.D.2d 810, affd. 20 N.Y.2d 671; cf. Matter of Sciarra v. Donnelly, 34 N.Y.2d 970).
Concur: Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, RABIN and STALEY. Taking no part: Judge STEVENS.
Designated pursuant to section 2 of article VI of the State Constitution.