Opinion
Argued February 12, 1985
Decided March 21, 1985
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Richard W. Wallach, J.
T. Richard Kennedy, Edward Thompson, John M. Nonna and Deborah F. Peters for appellant.
Robert Abrams, Attorney-General ( Lillian Z. Cohen, Robert Hermann and O. Peter Sherwood of counsel), for respondent.
Gordon E. McCutchan for Nationwide Life Insurance Company, amicus curiae.
Order affirmed, with costs, for reasons stated in the opinion by Justice Leonard H. Sandler at the Appellate Division ( 99 A.D.2d 278).
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER.