Opinion
Argued May 1, 1975
Decided June 11, 1975
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, VINCENT FERRARA, J.
Michael Gage and William E. Hellerstein for appellant.
Adrian P. Burke, Corporation Counsel (Francis F. Caputo and L. Kevin Sheridan of counsel), for respondent.
Order affirmed, without costs; no opinion.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES and WACHTLER. Judges FUCHSBERG and COOKE dissent and vote to reverse on the dissenting memorandum by Mr. Justice FRANCIS T. MURPHY, JR. at the Appellate Division.