Opinion
Argued November 30, 1972
Decided December 29, 1972
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, JOHN H. PENNOCK, J.
Louis J. Lefkowitz, Attorney-General ( Jeremiah Jochnowitz, Ruth Kessler Toch and Richard L. McHale of counsel), for appellant.
D. Steve Rahmas for respondent.
Order affirmed, with costs. Question certified answered in the negative. No opinion.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.