Opinion
Submitted June 2, 1975
Decided June 16, 1975
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Stephen D. Smyk for appellant.
Louis J. Lefkowitz, Attorney-General (Irving Jorrisch, Samuel A. Hirshowitz and Murray Sylvester of counsel), for respondent.
Order affirmed, without costs, on the opinion by Mr. Justice ROBERT G. MAIN at the Appellate Division.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI and WACHTLER. Judges JONES and FUCHSBERG dissent and vote to reverse on the dissenting opinion by Presiding Justice J. CLARENCE HERLIHY at the Appellate Division. Taking no part: Judge COOKE.