Opinion
Argued October 8, 1991
Decided November 26, 1991
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Albert A. Blinder, J.
Robert Abrams, Attorney-General (Michael S. Buskus, O. Peter Sherwood and Peter H. Schiff of counsel), for appellant.
Martin Diennor and Abraham Fuchsberg for respondent.
Order affirmed, with costs, and certified question answered in the affirmative, for the reasons stated in the opinion by Justice Thomas R. Sullivan at the Appellate Division ( 161 A.D.2d 61).
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.