Opinion
Reargued January 17, 1969
Decided February 19, 1969
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department.
Louis J. Lefkowitz, Attorney-General ( Robert W. Bush and Ruth Kessler Toch of counsel), for appellants.
Manly Fleischmann, Alan H. Vogt and William D. Schulz for respondent.
Upon reargument: Order affirmed, without costs, upon the constraint of recent Supreme Court decisions ( Dickinson v. First Nat. Bank of Homestead, 393 U.S. 409, decided Jan. 20, 1969; First Agric. Nat. Bank of Berkshire County v. State Tax Comm., 392 U.S. 339). No opinion.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN.