Opinion
Decided July 5, 1985
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Thomas F. McGowan, J.
Francis J. Offermann, Jr., for appellant.
Robert Abrams, Attorney-General ( Alan W. Rubenstein, Robert Hermann and Peter H. Schiff of counsel), for respondents.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 106 A.D.2d 908; see also, CPLR 6313).
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE.