Opinion
Argued October 15, 1976
Decided November 18, 1976
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, HOWARD A. ZELLER, J.
Earl P. Boyle for appellant.
William L. Burke for respondents.
Order affirmed, with costs, on the opinion by Mr. Justice JOHN L. LARKIN at the Appellate Division ( 49 A.D.2d 330, 331-335).
Concur: Judges JASEN, JONES, WACHTLER and COOKE. Chief Judge BREITEL and Judges GABRIELLI and FUCHSBERG dissent and vote to reverse on the dissenting opinion by Mr. Justice MICHAEL E. SWEENEY at the Appellate Division ( 49 A.D.2d 330, 335-336).