Opinion
Argued June 9, 1964
Decided July 10, 1964
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, EDWARD G. BAKER, J.
Leo A. Larkin, Corporation Counsel ( Alfred Weinstein, Seymour B. Quel and Irwin L. Herzog of counsel), for appellants.
Morris Rubenstein and Jerome M. Leitner for respondents.
Order reversed and petition dismissed, with costs in this court and in the Appellate Division, on the authority of Matter of Alweis v. Wagner ( 14 N.Y.2d 923), decided herewith.
Concur: Chief Judge DESMOND and Judges DYE, BURKE and BERGAN. Judges FULD, VAN VOORHIS and SCILEPPI dissent and vote to affirm on opinion by Judge FULD in Matter of Alweis v. Wagner ( 14 N.Y.2d 923), decided herewith.