Opinion
Argued November 28, 1978
Decided December 27, 1978
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, MARSHALL E. LIVINGSTON, J.
Irving Pheterson for appellant.
William T. Lehman for respondent.
Order affirmed, without costs, on the memorandum at the Appellate Division ( 60 A.D.2d 791).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.