
    In the Matter of Daniel Oliver, Respondent, v Donald F. Cawley, as Police Commissioner of the City of New York, et al., Appellants.
    Argued February 17, 1976;
    decided March 25, 1976
    
      
      W. Bernard Richland, Corporation Counsel (Murray L. Lewis and L. Kevin Sheridan of counsel), for appellants.
    
      Joseph W Allen for respondent.
   Judgment reversed, without costs, and the determination of the commissioner reinstated on the dissenting memorandum by Mr. Justice Theodore R. Kupferman at the Appellate Division (47 AD2d 612).

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.  