Opinion
Argued October 18, 1978
Decided November 28, 1978
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, LYMAN H. SMITH, J.
Robert M. Schantz for appellant.
Louis N. Kash, Corporation Counsel (Anthony M. Sortino of counsel), for respondent.
Order affirmed, with costs, on the memorandum at the Appellate Division ( 59 A.D.2d 1020).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.