Judgment unanimously affirmed. Memorandum: We agree with the conclusions reached by Wyoming County Court in this proceeding. The facts distinguish this case from our holding in People ex rel. Combs v. La Vallee ( 29 A.D.2d 128). We do not reach or pass upon the effect, if any, that the recent amendment (L. 1968, ch. 203) may have had upon the conclusion reached in Combs ( supra).