MATTER OF BODDIE v. County of Westchester

33 N.Y.2d 835 (1973)

In the Matter of James Boddie, Appellant-Respondent,

v.

County of Westchester et al., Respondents-Appellants.

Court of Appeals of the State of New York.

Argued November 15, 1973.

Decided December 27, 1973.

John J. S. Mead, County Attorney (Alfred J. Mungo of counsel), for respondents-appellants.

Alfred Olsen for appellant-respondent.

Concur: Chief Judge FULD and Judges BURKE, JONES and WACHTLER. Judge BREITEL dissents and votes to reverse in the following opinion in which Judges JASEN and GABRIELLI concur.

On respondents' appeal: Order affirmed, without costs.

BREITEL, J.…