Opinion
Submitted January 9, 1974
Decided February 13, 1974
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, LEONARD E. RUISI, J., GILBERT RAMIREZ, J.
Russell I. Lynn, Charles Schinitsky and William E. Hellerstein for appellant.
Norman Redlich, Corporation Counsel ( Ellen Kramer Sawyer and Stanley Buchsbaum of counsel), for respondent.
Order affirmed, without costs; no opinion.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, WACHTLER, RABIN and STEVENS. Judge JONES dissents and votes to reverse and dismiss the petition on the dissenting memorandum by Mr. Justice BENJAMIN at the Appellate Division.