Opinion
Submitted September 5, 1980
Decided October 9, 1980
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, CON. G. CHOLAKIS, J.
Marvin I. Honig, County Attorney, for appellants.
John E. Mirch for Thomas M. Monahan, respondent.
Richard A. Hanft for Joseph G. Manupella, respondent.
Order affirmed, with costs, for reasons stated in the opinion by Presiding Justice A. FRANKLIN MAHONEY at the Appellate Division ( 71 A.D.2d 92).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.