Opinion
Argued October 10, 1986
Decided November 13, 1986
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Robert Abrams, Attorney-General (Frank K. Walsh, O. Peter Sherwood and Peter H. Schiff of counsel), for appellants. Malcolm B. O'Hara and John W. Caffry for respondent.
Judgment reversed, with costs, and determination revoking petitioner's motor vehicle operator's license reinstated for the reasons stated in the dissenting memorandum by Justice T. Paul Kane at the Appellate Division ( 117 A.D.2d 956, 958-959).
Concur: Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR.