Opinion
Argued January 3, 1980
Decided February 5, 1980
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, CARROL S. WALSH, J.
Robert J. Krzys for appellant.
Howard D. Clayton for respondent.
Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 67 A.D.2d 1056; see, also, Matter of Beary v City of Rye, 44 N.Y.2d 398).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.