Opinion
Argued September 20, 1978
Decided October 24, 1978
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, MILTON ALPERT, J.
Leslie F. Couch and Mary Anne Tommaney for appellant.
Louis J. Lefkowitz, Attorney-General (Murray Suswein, Ruth Kessler Toch and Stanley Fishman of counsel), for respondent.
Order affirmed, without costs, on the memorandum at the Appellate Division ( 60 A.D.2d 678). In affirming the court does not consider the scope of governmental liability for ministerial acts of government officers and employees.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.