MATTER OF GURNEY v. TULLY

Order reversed, with costs, and the judgment of Supreme Court, Albany County, reinstated for reasons stated in the dissenting opinion by Mr. Justice ELLIS J. STALEY, JR., at the Appellate Division ( 67 A.D.2d 303, 305-307).

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.