Opinion
Argued March 30, 1981
Decided April 9, 1981
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, KENNETH L. SHORTER, J.
J. Edward Meyer, III, Richard H. Wels and Allan H. Carlin for appellant.
Israel Machtey and Lawrence Levine for respondent.
Robert Abrams, Attorney-General (Robert J. Schack and Shirley Adelson Siegel of counsel), in his statutory capacity pursuant to section 71 of the Executive Law.
Order affirmed, with costs. The Appellate Division did not abuse its discretion or apply an incorrect standard of law.
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.