Opinion
Argued February 18, 1969
Decided March 5, 1969
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, ALEXANDER DEL GIORNO, J.
Vincent J. Hand and James P. Melton for appellant.
Louis J. Lefkowitz, Attorney-General ( Douglas L. Manley and Ruth Kessler Toch of counsel), for respondent.
Order affirmed, without costs; no opinion.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN. Judge KEATING dissents and votes to reverse and to reinstate the judgment of the Court of Claims.