Opinion
Argued November 18, 1974
Decided December 18, 1974
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, BERNARD F. McCAFFREY, J.
Eugene Murphy, James J. McDonough and Matthew Muraskin for appellant.
Joseph Jaspan, County Attorney ( William S. Narden and Benedict F. Romano of counsel), for respondent.
Order affirmed, without costs; no opinion.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, WACHTLER, RABIN and STEVENS. Judge JONES dissents and votes to reverse and grant the petition.