Opinion
Argued January 6, 1977
Decided February 22, 1977
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, DOROTHEA E. DONALDSON, J.
Louis J. Lefkowitz, Attorney-General (Henry J. Smith, Gerald Nolan and Daniel G. Donovan of counsel), for appellant.
Harold Y. MacCartney, Jr., and Dorothy C. Breland for respondent.
Order affirmed, with costs, on the opinion by Mr. Justice LOUIS M. GREENBLOTT at the Appellate Division ( 50 A.D.2d 356).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.