Opinion
Argued September 18, 1978
Decided October 24, 1978
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
William F. Maginn, Jr., for appellant. William F. Roberts, Jr., and Lee H. Turner for respondent.
Judgment affirmed, with costs, on the memorandum at the Appellate Division ( 59 A.D.2d 963; cf. Matter of Harris v Mechanicville Cent. School Dist., 45 N.Y.2d 279).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.