Opinion
Argued September 9, 1965
Decided September 9, 1965
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, NICHOLAS M. PETTE, J.
George W. Herz and Howard F. Cerny for appellant.
Harold L. Fisher and James H. Goodfriend for Paul R. Screvane and others, respondents.
No appearance for remaining respondents.
Order affirmed, without costs; no opinion.
Concur: Chief Judge DESMOND and Judges DYE, VAN VOORHIS, BURKE, REYNOLDS and PENNOCK.fn_ Judge SCILEPPI dissents and votes to reverse and to reinstate the judgment of Special Term.
Designated pursuant to section 2 of article VI of the State Constitution in the temporary absence of Judges FULD and BERGAN.