Majority
p. 757In the Matter of Patrick Beary et al., Appellants, v. Thomas P. Cullison, Respondent, et al. Argued June 13, 1968; decided June 13, 1968.
p. 759
Patrick Beary, appellant in person and for Chester Schwimmer, appellant.
Lewis Abraham for respondent.
Order affirmed, without costs; no opinion.
Concur: Chief Judge Fuld and Judges Scileppi, Bergan, Keating, Breitel, and Koreman[1] . Judge Jasen, dissents and votes to reverse and to reinstate the judgment of Supreme Court, Queens County.
* Designated pursuant to section 2 of article VI of the State Constitution in place of Burke, J., disqualified.