Opinion
Argued October 16, 1974
Decided October 17, 1974
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, ANN T. MIKOLL, J.
James L. Magavern, County Attorney ( Justyn E. Miller of counsel), for appellant.
Nicholas J. Sargent for respondent.
Order affirmed, without costs, on authority of Matter of Enders v. Rossi ( 45 A.D.2d 447, affd. 34 N.Y.2d 966).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and RABIN. Taking no part: Judge STEVENS.