Opinion
Argued March 22, 1976
Decided April 27, 1976
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, ROBERT M. QUIGLEY, J.
Louis J. Lefkowitz, Attorney-General (Richard J. Dorsey and Ruth Kessler Toch of counsel), for appellant.
G. Robert Witmer, Jr., for respondent.
Order affirmed, with costs, on the opinion by Mr. Justice WALTER J. MAHONEY at the Appellate Division ( 47 A.D.2d 122).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.