Burke v. Sullivan , 52 A.D.2d 536 ( 1976 )

Application unanimously denied, the cross motion granted and the petition dismissed, without costs and without disbursements. Probable cause for the order to appear in a lineup has been demonstrated, thus distinguishing this case from Matter of Alphonso C. (50 AD2d 97, app dsmd 38 NY2d 923). The stay, dated March 12, 1976, affixed to the notice of application, is vacated. Concur—Stevens, P. J., Markewich, Kupferman, Birns and Capozzoli, JJ.