Opinion
Argued January 4, 1977
Decided February 8, 1977
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Michael Alexander and Stuart B. Fisher for appellant.
Louis J. Lefkowitz, Attorney-General (Irving Jorrisch, Samuel A. Hirshowitz and Murray Sylvester of counsel), for respondent.
Order affirmed, without costs, for reasons stated in the opinion by Mr. Justice MICHAEL E. SWEENEY at the Appellate Division ( 48 A.D.2d 202).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.