
    Walter J. Socha, Respondent, v. Gilbert E. Smith et al., Constituting the Town Board of the Town of Glenville, Appellants.
    Argued April 6, 1970;
    decided April 23, 1970.
    
      
      William P. Willig and George R. Mills for appellants.
    
      John L. Desmond for respondent.
   Concur: Judges Burke, Bergan, Jasen and Gibson. Chief Judge Fuld and Judges Scileppi and Breitel dissent and vote to reverse on the dissenting opinion at the Appellate Division.  