Opinion
Argued March 31, 1976
Decided April 29, 1976
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, JOHN S. CONABLE, S.
Jeffrey E. Erickson for appellant.
Louis J. Lefkowitz, Attorney-General (Joseph A. Romano and Ruth Kessler Toch of counsel), for respondent.
Order affirmed, with costs to all parties appearing separately and filing separate briefs payable out of the estate, on the opinion by Mr. Justice RICHARD D. SIMONS at the Appellate Division ( 45 A.D.2d 604).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.