Opinion
Argued February 7, 1996
Decided March 21, 1996
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Gerard M. Weisberg, J.
Kaufman Feit, New York City (Matthew A. Kaufman of counsel), for appellant.
Dennis C. Vacco, Attorney-General, Albany (Andrea Oser, Victoria A. Graffeo and Peter H. Schiff of counsel), for respondent.
Order affirmed, without costs, for the reasons stated in the memorandum of the Appellate Division ( 207 A.D.2d 813).
Concur: Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK.