Opinion
Argued November 10, 1970
Decided January 7, 1971
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, BERNARD RYAN, P.J.
Homer E. Peters and Livingston T. Coulter for appellant.
Louis J. Lefkowitz, Attorney-General ( Richard A. Foster and Ruth Kessler Toch of counsel), for respondent.
Judgment affirmed, with costs, on the opinion at the Appellate Division.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BREITEL, and JASEN. Taking no part: Judges BERGAN and GIBSON.