Opinion
Argued April 17, 1969
Decided May 14, 1969
Appeal from the Supreme Court, Queens County, JACK STANISLAW, J.
Robert Goldstein for appellant.
Andrew J. Connick and Ellis W. McCracken, Jr., for respondent.
Louis J. Lefkowitz, Attorney-General ( Philip Weinberg and Samuel A. Hirshowitz of counsel), in his statutory capacity under section 71 of the Executive Law.
Judgment affirmed, with costs, on the opinion at Special Term, without prejudice, however, to an application to Special Term by appellant within 20 days from the date hereof for leave to file an answer to the petition.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN. Taking no part: Judge KEATING.