Judgment, Supreme Court, Albany County, entered on September 20, 1974, affirmed, without costs, on the opinion of Larkin, J. at Special Term. Herlihy, P.J., Greenblott, Kane and Main, JJ., concur; Sweeney, J., dissents and votes to reverse in the following memorandum.
Sweeney, J. (dissenting).
I adhere to my views expressed in Matter of Mullins v. State Bd. of Parole ( 43 A.D.2d 382, app. dsmd. as moot, 35 N.Y.2d 992), and, therefore, vote to reverse.