Opinion
Argued September 13, 1983
Decided October 18, 1983
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, JOSEPH MODUGNO, J.
Frederick A.O. Schwarz, Jr., Corporation Counsel ( Pamela Seider Dolgow and Ronald E. Sternberg of counsel), for appellant.
Robert Abrams, Attorney-General ( Richard J. Dorsey and Peter H. Schiff of counsel), for respondent.
Order affirmed, with costs, for reasons stated in the memorandum of the Appellate Division ( 88 A.D.2d 1057).
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.