Opinion
Argued May 27, 1987
Decided June 30, 1987
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Louis C. Benza, J.
Robert Abrams, Attorney-General (Richard J. Dorsey, O. Peter Sherwood and Peter H. Schiff of counsel), for appellant.
George R. Rich for respondent.
Order affirmed, with costs, for reasons stated in the opinion by Justice Ann T. Mikoll at the Appellate Division ( 118 A.D.2d 375). Certified question answered in the negative.
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR. Taking no part: Judge BELLACOSA.