Opinion
Argued November 20, 1980
Decided December 18, 1980
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, D. VINCENT CERRITO, J.
Robert Abrams, Attorney-General (Carl E. Stephan and Shirley Adelson Siegel of counsel), for appellant.
Arnold M. Gordon for respondent.
Order affirmed, with costs, for reasons stated in the opinion by Mr. Justice J. CLARENCE HERLIHY at the Appellate Division ( 70 A.D.2d 283).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.