
    In the Matter of Thomas O’Garro, Appellant, v New York State Department of Mental Hygiene et al., Respondents.
    Argued January 3, 1979;
    decided February 6, 1979
    
      APPEARANCES OF COUNSEL
    
      Alvin C. Morris for appellant.
    
      Robert Abrams, Attorney-General (Harold Tompkins and Samuel A. Hirshowitz of counsel), for respondents.
   OPINION OF THE COURT

Order reversed, with costs, for the reasons stated in the dissenting memorandum by Presiding Justice Francis T. Murphy, Jr., at the Appellate Division (60 AD2d 546-547), and the matter converted to a plenary action and remitted to Supreme Court, Bronx County, for further proceedings (CPLR 103, subd [c]).

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