
    In the Matter of John J. Kennedy, Respondent, v. James J. Hauser, Jr., as Comptroller of the City of Yonkers, Appellant.
    Submitted February 7,1973;
    decided March 23, 1973.
    
      
      Eugene J. Fox, Corporation Counsel (Norman Cooper of counsel), for appellant.
    
      John D. D’Apice and Gerald Nolan for respondent.
   Order affirmed, without costs; no opinion.

Concur: Chief Judge Fuld and Judges Burke, G-abrielli, Jokes and Wachtleb. Judges Bbeitel and Jasek dissent and vote to reverse on the dissenting opinion at the Appellate Division.  