Opinion
Argued March 27, 1979
Decided April 26, 1979
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, NORMAN L. HARVEY, J.
Leslie F. Couch and Mary Anne Tommaney for appellant.
Kenneth H. Holcombe for respondent.
Order reversed, with costs, and the petition dismissed for the reasons stated in the dissenting memorandum by Madam Justice ANN T. MIKOLL at the Appellate Division ( 64 A.D.2d 757 -758).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG.