Opinion
Argued October 10, 1990
Decided December 20, 1990
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Joel M. Gluck and Charles J. Jones for appellant.
Robert Abrams, Attorney-General (Theresa E. Wolinski, O. Peter Sherwood, Peter H. Schiff and Jane Lauer Barker of counsel), for respondent.
Order affirmed, with costs, for the reasons stated in the memorandum of the Appellate Division ( 151 A.D.2d 867).
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.