Opinion
Argued January 12, 1970
Decided February 18, 1970
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department.
John Joseph Sutter for appellant.
Louis J. Lefkowitz, Attorney-General ( Daniel M. Cohen and Samuel A. Hirshowitz of counsel), for respondent.
Order reversed, without costs, and the matter remitted to the Appellate Division for hearing and determination upon appropriate findings within the rule of Matter of Barash ( 20 N.Y.2d 154). No opinion.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.