Opinion
Argued October 21, 1976
Decided November 18, 1976
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department.
Louis J. Lefkowitz, Attorney-General (Harold Henry, Samuel A. Hirshowitz and Herbert J. Wallenstein of counsel), for appellant.
Alton L. Abramowitz for petitioners-respondents.
Dorothy P. Loeb-Gumper for Noah Weinberg, respondent.
Judgment affirmed, without costs, on the memorandum at the Appellate Division ( 49 A.D.2d 879). In affirming the court observes that time and expense of appellate litigation would have been easily obviated by a change in the department regulations.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.