Opinion
Argued October 11, 1985
Decided November 12, 1985
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Raymond E. Cornelius, J.
Edward J. Nowak, Public Defender (Joan S. Kohout of counsel), for appellant.
Edward L. D'Amico and Milo Tomanovich for respondent.
John J. Rivoli, Law Guardian.
Order of the Appellate Division appealed from, pursuant to CPLR 5601 (d), and order of the Appellate Division brought up for review affirmed, with costs, for the reasons stated in the memorandum of the Appellate Division ( 87 A.D.2d 998; see also, CPLR 5501 [b]).
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, KAYE, ALEXANDER and TITONE. Taking no part: Judge SIMONS.