Opinion
Argued September 3, 1987
Decided October 6, 1987
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Con. G. Cholakis, J.
Brendan C. O'Shea and Peter L. Danziger for appellant.
Robert Abrams, Attorney-General (Leslie B. Neustadt, O. Peter Sherwood and Peter H. Schiff of counsel), for respondents.
Order affirmed, with costs, for the reasons stated in the opinion by Justice Howard A. Levine at the Appellate Division ( 116 A.D.2d 133).
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.