Holtzman v. Power , 27 N.Y.2d 628 ( 1970 )

Order affirmed, without costs, on the opinion by Lane, J., at Special Term dated June 5, 1970.

Concur: Chief Judge Fuld and Judge Bergan, Breitel, Jasen and Gibson. Judges Burke and Scileppi dissent and vote to reverse for the reasons stated in the opinion by Gellinoff, J., at Special Term, dated May 20, 1970 (64 Misc 2d 221), as to the constitutional grounds.