Opinion
Argued March 27, 1985
Decided April 25, 1985
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Robert C. Williams, J.
Robert Abrams, Attorney-General ( Wayne L. Benjamin, Robert Hermann and Peter H. Schiff of counsel), for appellant.
Terence L. Kindlon for respondent.
Order affirmed, with costs, and question certified answered in the affirmative for the reasons stated in the memorandum at the Appellate Division ( 103 A.D.2d 914).
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER.