Opinion
Argued February 11, 1980
Decided March 20, 1980
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, JOSEPH MODUGNO, J.
Morton N. Wekstein for appellant.
Robert Abrams, Attorney-General (Vernon Stuart and Shirley Adelson Siegel of counsel), for respondent.
Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 70 A.D.2d 1033).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.