Opinion
Argued February 11, 1989
Decided March 23, 1989
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, George L. Cobb, J.
Thomas E. Brydges for appellant.
Robert Abrams, Attorney-General (Julie S. Mereson, O. Peter Sherwood and Peter H. Schiff of counsel), for respondent.
Order affirmed, with costs, for the reasons stated in the memorandum of the Appellate Division ( 142 A.D.2d 902).
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.