Opinion
October 27, 1976
Judgment, Supreme Court, New York County, entered October 25, 1976, unanimously affirmed, without costs and without disbursements, for the reasons stated by Greenfield, J., at Special Term, with the additional observation — see Kaplan v Meisser ( 196 Misc. 237); Matter of Fazio v Meisser (209 N.Y.S.2d 17, affd without opn 11 A.D.2d 1029). Leave to appeal to the Court of Appeals is granted.
Concur — Stevens, P.J., Markewich, Birns and Lane, JJ. [ 88 Misc.2d 160.]