Opinion
Argued May 4, 1979
Decided June 14, 1979
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, DOROTHEA E. DONALDSON, J.
Leonard Kreinces and Gerald J. Garner for appellant. Robert Abrams, Attorney-General (J. Lawson Brown and Jeremiah Jochnowitz of counsel), for respondent.
Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 60 A.D.2d 729).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG.