Judgment appealed from affirmed, without costs and without disbursements. [62 Misc 2d 1020.] Concur — Stevens, P. J., Markewich and Steuer, JJ.; McGivern, J., dissents in the following memorandum: I dissent and would reverse in accordance with the views previously expressed on this issue by Mr. Justice Gellinoee. (See Matter of Holtzman [Power], N. Y. L. J., May 21, 1970, p. 2, col. 4.)