Opinion
Argued September 9, 1974
Decided October 8, 1974
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, JOSEPH C. DI CARLO, J.
Adrian P. Burke, Corporation Counsel ( Leonard Koerner and Milton H. Harris of counsel), for appellant.
Wendy Sue Lauring, Charles Schinitsky and William E. Hellerstein for respondent.
MEMORANDUM. The order appealed from should be affirmed. At the hearing, respondent corroborated rather than contradicted petitioner's evidence. This posture accounts in part for the present state of the record, which is too sparse and undeveloped to properly present the substantive issue tendered in this unduly delayed appeal.
Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, RABIN, STEVENS and WITMER concur.
Designated pursuant to section 2 of article VI of the State Constitution.
Order affirmed, without costs, in a memorandum.