Opinion
Argued September 8, 1981
Decided October 20, 1981
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, DOUGLAS F. YOUNG, J.
Barry J. Peek and Richard M. Gaba for appellant. Edward G. McCabe, County Attorney (Robert O. Boyhan of counsel), for respondent.
Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 77 A.D.2d 563).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.