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MATTER OF DI STASIO, AVALLONE

Court of Appeals of the State of New York.
Dec 28, 1967

Order modified on the dissenting opinion at the Appellate Division, with costs in all courts, and matter remitted to Special Term for further proceedings in accordance therewith. No opinion.

Concur: Chief Judge FULD and Judges VAN VOORHIS, SCILEPPI, BERGAN and KEATING. Judges BURKE and BREITEL dissent and vote to affirm on the opinions at Special Term and the Appellate Division.