Mann v. Lavine (40 N.Y.2d 944, 1976)

Judgment affirmed, without costs, on the memorandum at the Appellate Division (49 AD2d 879). In affirming the court observes that time and expense of appellate litigation would have been easily obviated by a change in the department regulations.

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.