Opinion
Argued June 15, 1970
Decided June 15, 1970
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, MYLES J. LANE, J.
Louis J. Lefkowitz, Attorney-General ( Mark T. Walsh and Samuel A. Hirshowitz of counsel), for intervenor-appellant.
Gerald A. Novack, Michael O. Finkelstein, David N. Ellenhorn, David Bernfeld, Stephen Gillers, Martin Senzel and Michael Varet for petitioners-respondents.
Order affirmed, without costs, on the opinion by LANE, J., at Special Term dated June 5, 1970.
Concur: Chief Judge FULD and Judge BERGAN, BREITEL, JASEN and GIBSON. Judges BURKE and SCILEPPI dissent and vote to reverse for the reasons stated in the opinion by GELLINOFF, J., at Special Term, dated May 20, 1970 ( 64 Misc.2d 221), as to the constitutional grounds.