Opinion
Argued November 20, 1970
Decided December 9, 1970
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, JOHN H. PENNOCK, J.
James C. Straney for appellant.
Thomas F. Tracy and James E. McHenry for respondent.
Order affirmed, without costs; no opinion.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.