Opinion
Argued January 8, 1980
Decided February 7, 1980
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, HOWARD MILLER, J.
Charles F. Darlington, III, for appellant.
Richard C. Fields for respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed, with costs, for the reasons stated by that court. In addition we cannot say that the Appellate Division's conclusion that the reconstructed record was adequate for its review was erroneous as a matter of law.
Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.
Order affirmed.