Opinion
Argued February 6, 1986
Decided March 18, 1986
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Jeremiah J. Moriarty, J.
Gerard John De Wolf and Bernard F. Ashe for appellant.
Robert Abrams, Attorney-General (John Q. Driscoll, Robert Hermann and Peter H. Schiff of counsel), for respondent.
Order affirmed, with costs, for the reasons stated in the memorandum of the Appellate Division ( 112 A.D.2d 717).
Concur: Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER. Taking no part: HANCOCK, JR.