Opinion
Argued October 13, 1959
Decided November 25, 1959
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, CORTLAND A. JOHNSON, J.
Emanuel D. Black, Hyman Amsel and John J. Hyland for appellant.
C. Walter Randall for petitioners-respondents.
Order affirmed, without costs; no opinion.
Concur: Chief Judge CONWAY and Judges DESMOND, FULD, FROESSEL, VAN VOORHIS and BURKE; Judge DYE dissents and votes to reverse upon the ground that the court may not substitute its judgment for that of the Authority (Matter of Glintenkamp v. O'Connell, 296 N.Y. 806).