Opinion
Argued September 4, 1980
Decided October 9, 1980
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, ROGER J. MINER, J.
Robert Abrams, Attorney-General (Michael F. Colligan and Shirley Adelson Siegel of counsel), for appellants.
Robert J. Kaplan and Bernard E. Singer for respondents.
Order reversed, with costs, and the judgment of Supreme Court, Albany County, reinstated for reasons stated in the dissenting opinion by Mr. Justice ELLIS J. STALEY, JR., at the Appellate Division ( 67 A.D.2d 303, 305-307).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.