Opinion
Argued January 12, 1994
Decided February 10, 1994
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Scher Scher, P.C., Great Neck (Robert A. Scher and Daniel J. Scher of counsel), for appellants.
G. Oliver Koppell, Attorney-General, Albany (Nancy A. Spiegel, Jerry Boone and Peter H. Schiff of counsel), for James W. Wetzler, respondent.
Judgment affirmed, with costs, for the reasons stated in the opinion by Justice A. Franklin Mahoney at the Appellate Division ( 185 A.D.2d 79).
Concur: Chief Judge KAYE and Judges SIMONS, BELLACOSA, SMITH and CIPARICK. Taking no part: Judges TITONE and LEVINE.