Argued December 4, 1969
Decided January 7, 1970
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, JOHN P. GUALTIERI, J.
Joseph Goldberg for appellant.
Louis J. Lefkowitz, Attorney-General ( J. Lawson Brown and Ruth Kessler Toch of counsel), for respondents.
Order affirmed, without costs; no opinion.
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI and JASEN. Judges BERGAN and BREITEL concur on constraint of B.R. DeWitt, Inc. v. Hall ( 19 N.Y.2d 141) and Schwartz v. Public Administrator of County of Bronx ( 24 N.Y.2d 65). Taking no part: Judge GIBSON.