
    In the Matter of Charles R. Stisser, Appellant, v. Erwin J. Shapiro, as City Manager of the City of Schenectady, Respondent.
    Argued November 15, 1968;
    decided November 27, 1968.
    
      
      Lambert L. Ginsberg and Kermit D. McGinnis for appellant.
    
      Leonard J. Litz, Corporation Counsel, for respondent.
   Order affirmed, without costs, on the prevailing opinion at the Appellate Division.

Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan and Keating. Judges Breitel and Jasen dissent and vote to reverse on the dissenting opinion at the Appellate Division.  