MATTER OF BURKE v. SULLIVAN

Application unanimously denied, the cross motion granted and the petition dismissed, without costs and without disbursements. Probable cause for the order to appear in a lineup has been demonstrated, thus distinguishing this case from Matter of Alphonso C. ( 50 A.D.2d 97, app dsmd 38 N.Y.2d 923). The stay, dated March 12, 1976, affixed to the notice of application, is vacated.

Concur — Stevens, P.J., Markewich, Kupferman, Birns and Capozzoli, JJ.