Opinion
Submitted June 2, 1978
Decided July 6, 1978
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ANDREW R. TYLER, J.
Milton L. Cobert for appellant.
Allen G. Schwartz, Corporation Counsel (Paul T. Rephen and Leonard Koerner of counsel), for respondent.
Order affirmed, without costs, for relevant reasons stated in the memorandum at the Appellate Division ( 57 A.D.2d 778).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.