Opinion
Argued June 2, 1964
Decided June 10, 1964
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, LEONARD J. SUPPLE, J.
Martin Fogelman for appellants.
Louis J. Lefkowitz, Attorney-General ( Julius L. Sackman, Paxton Blair and William D. Bresinhan of counsel), for respondent.
Order reversed and proceeding remitted to Special Term to conduct a hearing on the issues presented ( Matter of Brown v. McGinnis, 10 N.Y.2d 531).
Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.