Opinion
Argued February 18, 1971
Decided February 24, 1971
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, RAYMOND C. BARATTA, J.
Edward F.X. Ryan, Jr. for appellant.
Louis J. Lefkowitz, Attorney-General ( Burton Herman and Samuel A. Hirshowitz of counsel), for respondents.
Order affirmed, without costs; no opinion. (See Matter of Simmons v. Oswald, 16 N.Y.2d 671.)
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.