Majority
p. 1005Walter J. Socha, Respondent, v. Gilbert E. Smith et al., Constituting the Town Board of the Town of Glenville, Appellants. Argued April 6, 1970; decided April 23, 1970.
p. 1006
William P. Willig and George R. Mills for appellants.
John L. Desmond for respondent.
Concur: Judges Burke, Bergan, Jasen and Gibson. Chief Judge Fuld and Judges Scileppi and Breitel dissent and vote to reverse on the dissenting opinion at the Appellate Division.