CENTENO v. CITY OF NEW YORK

Order affirmed, without costs, on the Per Curiam opinion at the Appellate Division ( 48 A.D.2d 812).

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and COOKE. Judge FUCHSBERG dissents and votes to reverse in the following memorandum: I would reverse on the well-written dissenting opinion by Mr. Justice EMILIO NUNEZ at the Appellate Division, emphasizing that the fact that a departure from accepted medical practice occurs in a psychiatric rather than in a nonpsychiatric setting is only an element to be weighed along with all the other circumstances in a particular case and is not the premise for an application of different legal principles.