Opinion
Submitted April 3, 1981
Decided May 14, 1981
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Richard F. Braun for appellant.
Robert Abrams, Attorney-General (Shirley Adelson Siegel, Paul S. Shemin and Grace A. Brannigan of counsel), for respondent.
Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 74 A.D.2d 697; cf. Matter of La Mountain [ Westport Cent. School Dist. — Ross], 51 N.Y.2d 318).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.