Opinion
Argued March 23, 1978
Decided April 25, 1978
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Philip D. O'Donnell for appellant.
Louis J. Lefkowitz, Attorney-General (Irving Jorrisch, Samuel A. Hirshowitz and Murray Sylvester of counsel), for respondent.
Order affirmed, with costs, on the opinion by Mr. Justice A. FRANKLIN MAHONEY at the Appellate Division ( 57 A.D.2d 450). (Cf. Matter of Bookhout v Levitt, 43 N.Y.2d 612.)
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.