Opinion
Decided October 20, 1981
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, BEVERLY S. COHEN, J.
Richard A. Dienst for appellant.
Allen G. Schwartz, Corporation Counsel (Marjorie E. Bornes of counsel), for respondents.
On summary consideration, order affirmed, without costs, for the reasons stated in the memorandum at the Appellate Division ( 80 A.D.2d 813; see, also, Matter of Scotto v Board of Trustees of Police Pension Fund of City of N.Y., Art. II, 54 N.Y.2d 918 [decided herewith]).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.