Opinion
Argued November 11, 1986
Decided December 16, 1986
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, Con. G. Cholakis, J.
Robert T. DeCataldo for appellant.
Thomas A. Hickey and Joseph J. Ceccarelli for respondent.
Robert Abrams, Attorney-General (Judith T. Kramer and Charles R. Fraser of counsel), for State of New York, amicus curiae.
Order affirmed, with costs, for the reasons stated in so much of the opinion of the Appellate Division as held that the complaint failed to state a cause of action ( 115 A.D.2d 851).
Concur: Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR.