Opinion
Argued November 24, 1976
Decided December 22, 1976
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, JOHN P. BALIO, J.
V. Michael Liccione and Gregory L. Tozek for appellant.
Charles J. Nicastro and Chester J. Winslow, Jr., for respondent.
Order affirmed, with costs. On the record before us, we are not disposed to reverse the finding of the Appellate Division. (Cohen and Karger, Powers of the New York Court of Appeals, § 112.)
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.