Opinion
Argued December 16, 1980
Decided January 8, 1981
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, EDWARD M. MURRAY, J.
Richter Werbalowsky for appellant.
Robert Abrams, Attorney-General (Dennis Hurley and Shirley Adelson Siegel of counsel), for respondent.
Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 73 A.D.2d 1006).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.