Decided April 1, 1982
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, JEROME HANIFIN, J.
Robert Abrams, Attorney-General ( Michael S. Buskus of counsel), for appellant.
Michael A. Jacobs for respondent.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [b]), judgment appealed from and order of the Appellate Division brought up for review affirmed, without costs, for reasons stated in the opinions by former Justice J. CLARENCE HERLIHY and Presiding Justice A. FRANKLIN MAHONEY at the Appellate Division ( 73 A.D.2d 479).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.