Opinion
Argued November 12, 1980
Decided December 16, 1980
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, AARON E. KLEIN, J.
William F. Reynolds for appellant.
Robert Abrams, Attorney-General (William J. Kogan and Shirley Adelson Siegel of counsel), for respondent.
C. Roger Lunden for Division of Military and Naval Affairs, amicus curiae.
Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 73 A.D.2d 1011).
Concur: Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER. Taking no part: Chief Judge COOKE.