Opinion
Decided December 20, 1983
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, SHIRLEY FINGERHOOD, J.
Robert Abrams, Attorney-General ( August L. Fietkau and Peter H. Schiff of counsel), for appellant.
Alan Jay Martin for respondent.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order affirmed, with costs, and question certified answered in the affirmative for the reasons stated in the memorandum of the Appellate Division ( 92 A.D.2d 839; see, also, Mundy v Nassau County Civ. Serv. Comm., 44 N.Y.2d 352).
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.