Opinion
Argued September 3, 1985
Decided October 8, 1985
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Alan Saks, J.
John J. Maguire and Richard Hartman for appellant.
Frederick A.O. Schwarz, Jr., Corporation Counsel ( Fred Kolikoff and Larry Sonnenshein of counsel), for respondents.
Order affirmed, with costs. We agree with the Appellate Division that the addition of the word "forthwith" to the statutory provisions in question does not alter the rule of Matter of Pierne v Valentine ( 291 N.Y. 333, 342) but, rather, only precludes an unnecessary or unwarranted delay which is not presented in this case.
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE.