Majority
p. 870
Harry A. Gair et al., Respondents, v. David W. Peck et al., Individually and as Justices of the Appellate Division of the Supreme Court of the State of New York in and for the First Judicial Department, Appellants.
Appeal, pursuant to the provisions of section 618 of the Civil Practice Act, and on the court’s own motion, transferred to the Appellate Division, Third Department, for hearing and determination. Concur — Breitel, J. P., Botein, Rabin, Frank and Valente, JJ.