Concur — Breitel, J. P., Stevens, Eager and Steuer, JJ.; McNally, J., dissents as follows: I dissent for the reasons stated in the dissenting opinion (14 A D 2d 4, 11). (See, also, Matter of Searing, 13 A D 2d 406.) The order of this court, entered on October 24, 1961 (ante, p. 762), is vacated.