Opinion
Argued August 26, 1985
Decided August 28, 1985
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Robert C. Williams, J.
Thomas J. Spargo for appellant.
Paul M. Whitaker for respondent.
Order affirmed, without costs, for the reasons stated in the memorandum at the Appellate Division (112 A.D.2d ___).
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE.