Opinion
Argued September 10, 1980
Decided October 16, 1980
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, JOHN H. PENNOCK, J.
James W. Roemer, Jr., Thomas C. Conway and Michael J. Smith for appellant.
Robert Abrams, Attorney-General (Joseph J. Micare and Shirley Adelson Siegel of counsel), for respondent.
Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 72 A.D.2d 887).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.