Opinion
Submitted October 24, 1978
Decided November 30, 1978
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
William D. Schultz for appellant. Louis J. Lefkowitz, Attorney-General (Samuel A. Hirshowitz, Murray Sylvester and Grace A. Brannigan of counsel), for respondent.
Order affirmed, with costs, on the memorandum at the Appellate Division ( 59 A.D.2d 804).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.