Opinion
Decided December 8, 1982
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Joseph T. Hopkins for appellant.
Robert Abrams, Attorney-General ( Lew A. Millenbach 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]), judgment affirmed, with costs, for reasons stated in the memorandum of the Appellate Division ( 89 A.D.2d 701).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.