Opinion
Argued October 16, 1990
Decided November 15, 1990
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Robert C. Williams, J.
James S. Frank, Virgil B. Day, Marc S. Wenger and Neil A. Capobianco for appellant. Robert Abrams, Attorney-General (M. Patricia Smith, O. Peter Sherwood, Peter H. Schiff and Jane Lauer Barker of counsel), for respondents.
Order affirmed, with costs, for the reasons stated in the opinion by Justice T. Paul Kane at the Appellate Division ( 154 A.D.2d 117).
Concur: Judges KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA. Taking no part: Chief Judge WACHTLER and Judge SIMONS.