Majority
p. 906In the Matter of the Application of Alberta R. Smith, Petitioner, Respondent, for an Order Pursuant to Article 78 of the Civil Practice Act, against William Hodson, as Commissioner of the Department of Welfare of the City of New York, and Others, Appellants.
Order reversed, with twenty dollars costs and disbursements, and the petition dismissed for the reasons stated in the opinion of Callahan, J., in Matter of Katz v. Goldwater (ante, p. 495), handed down herewith. Present — Martin, P. J., O’Malley, Townley, Dore and Callahan, JJ.; Dore, J., concurs in the result; O’Malley, J., dissents and votes to affirm for the reasons stated in his dissenting opinion in Matter of Katz v. Goldwater (ante, p. 499).