Opinion
Argued April 27, 1979
Decided May 31, 1979
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, JOHN T. CASEY, J.
Robert M. Jacon for appellant.
Donald C. Bowes, Corporation Counsel (Donald J. Shanley of counsel), for respondent.
Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 63 A.D.2d 757).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG.