Opinion
Argued November 15, 1979
Decided December 11, 1979
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, WILLIAM R. MURRAY, J.
William H. Keniry for appellant.
Robert Abrams, Attorney-General (George M. Thorpe and Shirley Adelson Siegel of counsel), for respondent.
Order affirmed, with costs, for the reasons stated in the opinion by Mr. Justice LOUIS M. GREENBLOTT at the Appellate Division ( 62 A.D.2d 674; see, also, Matter of Petix v Connelie, 47 N.Y.2d 457).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.