Opinion
Argued September 5, 1985
Decided October 17, 1985
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Richard W. Wallach, J.
John W. Mitchell, Edward M. Chikofsky and Karen F. Silverman for appellant.
Frederick A.O. Schwarz, Jr., Corporation Counsel ( Ellen B. Fishman and Stephen J. McGrath of counsel), for respondents.
John P. Hale and Elise Liebowitz for Catholic Charities of the Archdiocese of New York, amicus curiae.
Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 109 A.D.2d 619).
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE.