Argued March 29, 1978
Decided May 9, 1978
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, ROBERT M. QUIGLEY, J.
Patrick J. Keniry for appellant.
Louis J. Lefkowitz, Attorney-General (Joseph F. Gibbons and Ruth Kessler Toch of counsel), for respondent.
Order affirmed, without costs, on the opinion by Mr. Justice LOUIS M. GREENBLOTT at the Appellate Division ( 57 A.D.2d 344).
Concur: Chief Judge BREITEL and Judges JASEN, JONES, FUCHSBERG and COOKE. Judges GABRIELLI and WACHTLER dissent and vote to reverse on the concurring in part and dissenting in part opinion by Mr. Justice ROBERT G. MAIN at the Appellate Division (57 A.D.2d, at pp 347-348).