Opinion
Argued January 15, 1964
Decided February 20, 1964
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, GEORGE H. ROWE, J.
Elmer S. Stengel, Corporation Counsel ( Abraham I. Okun of counsel), for appellant.
Louis F. Oberdorfer, Assistant Attorney General ( William Massar, Lee A. Jackson and Joseph Kovner of counsel), and John T. Curtin, United States Attorney for the Western District of New York ( C. Donald O'Connor of counsel), for respondent and intervenor-respondent.
Order affirmed, without costs; no opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.