Opinion
Argued August 31, 1981
Decided October 15, 1981
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ALVIN F. KLEIN, J.
Irwin Brownstein, James M. La Rossa, John W. Mitchell and Denise Lepicier for appellant.
Robert Abrams, Attorney-General (Elliott S. Greenspan, Shirley Adelson Siegel and William F. Dowling of counsel), for respondent.
Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 75 A.D.2d 528). Question certified answered in the affirmative.
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG. Taking no part: Judge MEYER.