Majority
p. 695In the Matter of John J. Kennedy, Respondent, v. James J. Hauser, Jr., as Comptroller of the City of Yonkers, Appellant. Submitted February 7,1973; decided March 23, 1973.
p. 696
Eugene J. Fox, Corporation Counsel (Norman Cooper of counsel), for appellant.
John D. D’Apice and Gerald Nolan for respondent.
Order affirmed, without costs; no opinion.
Concur: Chief Judge Fuld and Judges Burke, G-abrielli, Jokes and Wachtleb. Judges Bbeitel and Jasek dissent and vote to reverse on the dissenting opinion at the Appellate Division.