Opinion
Argued March 31, 1977
Decided May 5, 1977
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, HENRY W. LENGYEL, J.
Bernard Meyerson and Aaron J. Broder for appellant.
Joseph E. Magnotti and John S. Zachary for respondent.
Order affirmed, with costs (see Cohen and Karger, Powers of the New York Court of Appeals [rev ed], pp 588-590; cf. Scarnato v State of New York, 298 N.Y. 376).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.