MATTER OF HAMMERL v. MAEVIS, 34 N.Y.2d 579 (1974)

354 N.Y.S.2d 946, 310 N.E.2d 542

Court of Appeals of the State of New York.Argued February 13, 1974
Decided March 20, 1974

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, MANUEL A. GOMEZ, J.

Page 580

Norman Redlich, Corporation Counsel (Jesse J. Fine an Stanley Buchsbaum of counsel), for appellant.

Julius W. Cohn for respondent.

Order affirmed, with costs to petitioner-respondent, on th Per Curiam opinion at the Appellate Division.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, WACHTLER and STEVENS. Judges JONES and RABIN dissent and vote to reverse and reinstate the determination of the Commissioner on the dissenting opinion by Mr. Justice LOUIS J. CAPOZZOLI at the Appellate Division.