SPERRY v. STATE

Order affirmed, with costs, on the memorandum at the Appellate Division ( 50 A.D.2d 618), except so much of the memorandum as refers to the Statute of Limitations in its penultimate paragraph upon which the court does not find it necessary to pass.

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