Opinion
Argued October 20, 1976
Decided November 18, 1976
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, D. VINCENT CERRITO, J.
Harold E. Blodgett and Armand R. Riccio for appellants.
James Viger and Robert J. Armstrong for respondent.
Order affirmed, with costs (see Cohen and Karger, Powers of the New York Court of Appeals [Rev ed], §§ 149, 160).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.