Opinion
Argued September 4, 1986
Decided October 7, 1986
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Daniel H. Prior, Jr., J.
Robert Abrams, Attorney-General (Wayne L. Benjamin, O. Peter Sherwood and Peter H. Schiff of counsel), for appellants.
Stuart A. Summit and Ira G. Greenberg for respondent.
Order reversed, with costs, and judgment of Supreme Court, Albany County, reinstated for the reasons stated in the dissenting opinion of Justice Paul J. Yesawich, Jr., at the Appellate Division ( 113 A.D.2d 395, 400-402).
Concur: Chief Judge WACHTLER and Judges MEYER, SIMONS, ALEXANDER, TITONE and HANCOCK, JR. Taking no part: Judge KAYE.