Opinion
Argued October 18, 1979
Decided October 19, 1979
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, WILMER J. PATLOW, J.
John D. Doyle, County Attorney (Nira T. Kermisch of counsel), for appellants.
Anthony J. Sciolino, respondent pro se.
Order reversed, without costs, and the petition dismissed (see Matter of Haynie v Mahoney, 48 N.Y.2d 718, decided herewith).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.