WITTENBERG v. CITY OF NEW YORK

Appeal taken as of right dismissed upon the ground that no substantial constitutional question is directly involved. Plaintiffs' application for leave to appeal granted. Order affirmed, with costs, for reasons stated in the opinion by Justice Joseph P. Sullivan at the Appellate Division ( 135 A.D.2d 132; see also, Matter of Replan Dev. v Department of Hous. Preservation Dev., 70 N.Y.2d 451).

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.