Opinion
Argued September 11, 1986
Decided October 9, 1986
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Con. G. Cholakis, J.
Larry Hutcher for appellants.
Robert Abrams, Attorney-General (John Q. Driscoll, O. Peter Sherwood and Peter H. Schiff of counsel), for respondent.
Order reversed, with costs, and order of Supreme Court, Albany County, reinstated for the reasons stated in the dissenting opinion by Presiding Justice A. Franklin Mahoney at the Appellate Division ( 113 A.D.2d 611, 614-615).
Concur: Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR.