Opinion
Argued April 29, 1985
Decided May 28, 1985
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Edward S. Conway, J.
Edward L. Bookstein, Ronald A. Blake and Charles T. Houston for appellant.
Robert Abrams, Attorney-General ( John Q. Driscoll, Robert Hermann and Peter H. Schiff of counsel), for respondent.
Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 103 A.D.2d 947).
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER. Taking no part: Judge TITONE.