Opinion
Argued March 21, 1978
Decided April 27, 1978
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, JOSEPH MODUGNO, J.
Richard S. Scanlan for appellants.
Louis J. Lefkowitz, Attorney-General (J. Lawson Brown and Ruth Kessler Toch of counsel), for respondent.
Order affirmed, without costs, on so much of the opinion of Mr. Justice LOUIS M. GREENBLOTT at the Appellate Division ( 51 A.D.2d 28) relevant to the question certified by that court (see, also, Erca v State of New York, 42 N.Y.2d 854, affg 51 A.D.2d 611). The question certified is answered in the negative.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.