Opinion
Argued October 17, 1980
Decided November 20, 1980
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, JOHN H. PENNOCK, J.
Richard H. Weiner and Terence J. Devine for appellant.
Robert Abrams, Attorney-General (William J. Kogan 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 731).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.