Opinion
December 18, 1980
Order, Appellate Term, First Department, entered on April 2, 1980, reversed, on the law, without costs and without disbursements, and the petition granted on the dissenting opinion of Riccobono, J., at the Appellate Term.
Concur — Murphy, P.J., Markewich, Lupiano and Lynch, JJ.
Ross, J., dissents and would affirm on the majority opinion of the Appellate Term.