Joseph P. McGrane, Esq., having become disqualified by reason of his appointment as an Assistant Attorney-General, application to be relieved of assignment to represent appellant upon this appeal granted; and Philip M. Stark, Esq., 833 Union Street, Schenectady, assigned to represent appellant in his place and stead, pursuant to section 35 (subd. 1, par. a) of the Judiciary Law. Gibson, P.J., Reynolds, Taylor, Aulisi and Staley, Jr., JJ., concur.