Opinion
Argued January 10, 1968
Decided January 18, 1968
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, RUSSELL G. HUNT, J.
Louis J. Lefkowitz, Attorney-General ( Edwin R. Oberwager and Ruth Kessler Toch of counsel), for appellant.
Winthrop J. Allegaert and Henry L. King for respondent.
Order reversed, with costs, and petition dismissed on the dissenting opinion at the Appellate Division.
Concur: Judges BURKE, KEATING, BREITEL and JASEN. Chief Judge FULD and Judges SCILEPPI and BERGAN dissent and vote to affirm on the prevailing opinion at the Appellate Division.