People ex rel. Calvacca v. McMickens (120 A.D.2d 759, 1986)

— Judgment of the Supreme Court, Queens County (Balbach, J.), dated February 22, 1985, affirmed, without costs or disbursements (see, People ex rel. Neufeld v McMickens, 117 AD2d 243). Thompson, Weinstein and Kunzeman, JJ., concur.

Gibbons, J. P., dissents and votes to reverse the judgment appealed from, on the law, and to sustain the writ, for the reasons stated in his dissenting opinion in People ex rel. Neufeld v McMickens (117 AD2d 243).