Opinion
Submitted December 15, 1975
Decided December 29, 1975
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, WALTER J. MAHONEY, J.
W. Donn McCarthy and Warren S. Radler for motion and opposed to cross motion.
John F. Canale opposed to motion and for cross motion.
Motion denied with $20 costs and necessary reproduction disbursements.
Cross motion granted and appeal dismissed, with costs, upon the ground it does not lie as of right (Kinch v Adams, 36 N.Y.2d 851).