Opinion
Decided May 2, 1985
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Aaron E. Klein, J.
Richard J. Goldman for appellant.
Daniel N. Lamb, Sr., and Harvey Mandelkern for respondent.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, without costs. The Appellate Division did not abuse its discretion as a matter of law ( see, Matter of City of New York [ James St.], 21 N.Y.2d 293; see also, Amsterdam Sav. Bank v City View Mgt. Corp., 45 N.Y.2d 854).
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER.