MATTER OF O'GARRO v. N.Y. ST. DEPT. OF MENTAL HYGIENE

Order reversed, with costs, for the reasons stated in the dissenting memorandum by Presiding Justice FRANCIS T. MURPHY, 26., at the Appellate Division ( 60 A.D.2d 546-547), and the matter converted to a plenary action and remitted to Supreme Court, Bronx County, for further proceedings (CPLR 103, subd [c]).

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