CEDANO v. CITY OF NEW YORK

Order reversed, without costs, and the case remitted to the Appellate Division, First Department, for exercise of that court's discretion. In the circumstances present here it was improper for the Appellate Division to decide the issue presented as a matter of law.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG. Judge MEYER taking no part.