Opinion
Argued May 25, 1971
Decided June 10, 1971
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Kenneth Floyd and Philip J. Caputo for appellant.
Louis J. Lefkowitz, Attorney-General ( Harry Rackow, Ruth Kessler Toch and Daniel Polansky of counsel), for respondent.
Order affirmed, with costs; no opinion.
Concur: Chief Judge FULD and Judges BURKE, BERGAN, BREITEL and GIBSON. Judges SCILEPPI and JASEN dissent and vote to reverse on the dissenting opinion at the Appellate Division.