Opinion
Argued October 6, 1982
Decided November 9, 1982
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, WILLIAM J. QUINN, J.
G. Gordon Davis for appellant.
Robert Abrams, Attorney-General ( Francis J. Keehan, Peter H. Schiff and James A. Sevinsky of counsel), for respondent.
Stephen Berry for intervenor-respondent.
Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 86 A.D.2d 714).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.