Opinion
Argued February 13, 1996
Decided March 21, 1996
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Edward O. Spain, J.
Dennis C. Vacco, Attorney-General, Albany (Victor Paladino, Victoria A. Graffeo and Peter H. Schiff of counsel), for appellants.
Cadwalader, Wickersham Taft, New York City (Peter G. Bergmann, Kathy Hirata Chin and William J. Natbony of counsel), for respondents.
Order reversed, with costs, and petition dismissed for the reasons stated in the dissenting opinions by Justices D. Bruce Crew ( 212 A.D.2d 163, 170-172) and John T. Casey ( 212 A.D.2d 163, 172) at the Appellate Division.
Concur: Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK.