
    In the Matter of Nicholas Barbarita et al., Respondents, against Board of Estimate, as Head of the New York City Employees’ Retirement System, et al., Appellants. In the Matter of Benny Simkowitz, Respondent, against William J. Powell, as Commissioner of Sanitation, et al., Appellants.
   No opinion. Present — Peck, P. J., Glennon, Dore, Cohn and Van Voorhis, JJ.; Dore, J., dissents and votes to reverse and dismiss the petitions.  