Opinion
Submitted September 21, 1978
Decided October 24, 1978
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, VINCENT A. DE IORIO, J.
James I. Myerson and Thomas Hoffman for appellant.
Louis J. Lefkowitz, Attorney-General (Jeremiah Jochnowitz and Ruth Kessler Toch of counsel), for respondent.
Order affirmed, with costs, on the opinion by Mr. Justice G. ROBERT WITMER at the Appellate Division ( 54 A.D.2d 147).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.