¶1Order affirmed, without costs (see Matter of Rutter v Coveney, 38 NY2d 993; Matter of Berry v Dodd, 38 NY2d 995).
¶2Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.
40 N.Y.2d 813
Decided September 2, 1976
New York Court of Appeals · decided 1976-09-02
Decided 1976-09-02
¶1Order affirmed, without costs (see Matter of Rutter v Coveney, 38 NY2d 993; Matter of Berry v Dodd, 38 NY2d 995).
¶2Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.