Opinion
Argued February 12, 1979
Decided March 27, 1979
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN G. McCARTHY, J.
Howard E. Pachman, County Attorney (Aton J. Borovina of counsel), for appellants.
James M. Catterson, Jr., and Richard T. Nolan for respondent.
MEMORANDUM.
The order appealed from should be affirmed, with costs, for the reasons stated in the majority opinion of Mr. Justice J. IRWIN SHAPIRO at the Appellate Division. We note for the record that the proposed constitutional amendment referred to in that opinion ( 59 A.D.2d 99, 103-104), having been agreed to by a second Legislature, was approved and ratified, effective as of April 1, 1978, by a majority of the State's electors at a general election and has been in force since then (NY Const, art VI, §§ 22, 36-a; see, also, Judiciary Law, art 2-A).
Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.
Order affirmed, with costs, in a memorandum.