In re City of New York , 12 N.Y.2d 1086 ( 1963 )

Order affirmed, with costs; no opinion.

Concur: Chief Judge Desmond and Judges Dye, Fold, Foster and Scileppi. Judges Van Voorhis and Burke dissent and vote to reverse and to reinstate the order of Special Term for the reason that the evidence in the record supports the determination of that court.