NEW YORK (UPI)—The Appel late Division Tuesday bderad: the release of a Brooklyn waterfront hoodlum who spent a year in jail after the State Investigation Com mission rejected his story of his activities at the Apalachin gang land convention. Carmine Lombardozzi, #, had contended his visit to the estate of the late Joseph Barbara Sr site of the convention in 1957 was at the invitation of a friend He insisted in testimony before the commission that he was at the estate for six hours, had a few drinks ate a steak and engaged only in a small talk with others present The Appellate Division ruling said that Improbable as Lombar dozzi's story may some respects seem it has not been estab lished that the answers to the questions are as preposterous as to offer not the slightest proba bility of truthfulness .' The deci sion was unanimous