
    In the Matter of Harold H. Sirles, Appellant, v Robert P. Cordary, as Sheriff of Madison County, et al., Respondents.
    Argued October 15, 1976;
    decided November 18, 1976
    
      
      Earl P. Boyle for appellant.
    
      William L. Burke for respondents.
   Order affirmed, with costs, on the opinion by Mr. Justice John L. Larkin at the Appellate Division (49 AD2d 330, 331-335).

Concur: Judges Jasen, Jones, Wachtler and Cooke. Chief Judge Breitel and Judges Gabrielli and Fuchsberg dissent and vote to reverse on the dissenting opinion by Mr. Justice Michael E. Sweeney at the Appellate Division (49 AD2d 330, 335-336).  