Opinion
Decided July 5, 1983
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Robert Abrams, Attorney-General ( Maurice K. Peaslee and Peter H. Schiff of counsel), for appellant.
Joseph M. Persinger 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 [g]), judgment affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 92 A.D.2d 1008; see, also, American Int. Group v Tully, 59 N.Y.2d 832).
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS.