Opinion
Argued January 22, 1962
Decided February 22, 1962
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department.
Charles Haydon for appellant.
Leo A. Larkin, Corporation Counsel ( Robert L. Ellis and Seymour B. Quel of counsel), for respondent.
Order affirmed, without costs; no opinion.
Concur: Chief Judge DESMOND and Judges DYE, FROESSEL, BURKE and FOSTER. Judges FULD and VAN VOORHIS dissent and vote to reverse the order and to sustain the petition of appellant upon the ground that the evidence against him does not meet the standard prescribed ( Matter of Di Nardo v. Monaghan, 282 App. Div. 5; Matter of Reger v. Mulrooney, 241 App. Div. 38, 44; People ex rel. Hussey v. Woods, 169 App. Div. 146, affd. 216 N.Y. 648; People ex rel. Kelly v. Waldo, 161 App. Div. 731, 732; cf. Matter of Evans v. Monaghan, 306 N.Y. 312, 319-320).