Opinion
Argued September 11, 1985
Decided October 10, 1985
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Gerald Adler, J.
Dennis C. McMahon for appellant.
Richard S. Scolaro for Clarence P. Rappleyea, intervenor-appellant.
Robert Abrams, Attorney-General ( Richard G. Liskov and Robert Hermann of counsel), respondent pro se, and for Hugh L. Carey and others, respondents. C. Daniel Chill, Kenneth Shapiro and Theodore Dickson for Stanley Fink and another, respondents.
Order affirmed, without costs, for the reasons stated in the Per Curiam opinion at the Appellate Division ( 103 A.D.2d 280).
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER. Taking no part: Judge TITONE.