Opinion
Argued February 13, 1981
Decided February 26, 1981
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, RICHARD F. KUHNEN, J.
Frank C. Shaw for appellant.
Charles O. Ingraham and Paul E. Klein for respondent.
Order affirmed, with costs, for reasons stated in the opinion by Justice J. CLARENCE HERLIHY at the Appellate Division ( 75 A.D.2d 140).
Concur: Chief Judge COOKE and Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER. Judge JASEN concurs on constraint of Matter of City School Dist. of City of Poughkeepsie (Poughkeepsie Public School Teachers Assn.) ( 35 N.Y.2d 599).