Opinion
Argued June 1, 1976
Decided July 1, 1976
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, DOROTHEA E. DONALDSON, J.
George Nager for appellant.
Louis J. Lefkowitz, Attorney-General (Jeremiah Jochnowitz and Ruth Kessler Toch of counsel), for respondent.
Order affirmed, with costs, on the memorandum at the Appellate Division ( 46 A.D.2d 705).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.