Opinion
Argued October 5, 1972
Decided November 2, 1972
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, ANTHONY M. LIVOTI, J.
Francis L. Giordano for all petitioners-appellants.
Lawrence N. Marcus for Thomas F. McCoy, appellant-respondent in first above-entitled proceeding and respondent in second above-entitled proceeding.
In first above-entitled proceeding: On the appeal by petitioner: Order affirmed, without costs. On the appeal by respondent: Appeal dismissed, without costs, upon the ground that respondent is not aggrieved by the modification at the Appellate Division (CPLR 501, subd. [a], par. [iii]; Barber Bennett v. State of New York, 27 N.Y.2d 738). No opinion.
In second above-entitled proceeding: Order affirmed, without costs; no opinion.
Concur: Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN. Chief Judge FULD and Judge GIBSON taking no part.