Appeal from an order of a Special Term, County Court, Sullivan County. Order reversed and complaint dismissed, without costs. (See Schulman v. People, 11 A D 2d 273.) Bergan, P. J., Coon, Gibson and Reynolds, JJ., concur; Herlihy, J., dissents and votes to affirm. (See dissenting memorandum in Schulman v. People, 11 A D 2d 273.) [23 Misc 2d 90.]