Opinion
Decided June 16, 1983
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, ROBERT J. DORAN, J.
John L. Allen for appellant.
Robert Abrams, Attorney-General ( Diane DeFurio Foody of counsel), for respondent.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order affirmed, with costs, for the reasons stated in the opinion by Presiding Justice A. FRANKLIN MAHONEY at the Appellate Division ( 90 A.D.2d 386).
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS.