Argued February 17, 1977
Decided March 31, 1977
Appeal from the Supreme Court, Albany County, JAMES GIBSON, J.
Richard L. Burstein for appellant-respondent.
Louis J. Lefkowitz, Attorney-General (John Q. Driscoll and Ruth Kessler Toch of counsel), for respondent-appellant.
Judgment affirmed, with costs, on the opinion by Mr. Justice JAMES GIBSON at Special Term.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, FUCHSBERG and COOKE. Taking no part: Judge WACHTLER.