Opinion
Decided September 21, 1995
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Anthony T. Kane, J.
Stephen F. Lungen, District Attorney of Sullivan County, Monticello, for appellant.
Pottle, Danziger Dobozin, Buffalo (Carl H. Dobozin of counsel), for respondent.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed for the reasons stated in the memorandum of the Appellate Division ( 213 A.D.2d 946).
Concur: Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK.