Opinion
Argued September 9, 1982
Decided September 10, 1982
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, JOHN C. BROUGHTON, J.
Howard Lipman and Philip M. Marshall for appellant.
Eugene F. Pigott, Jr., County Attorney ( Roger D. Avent of counsel), for Philip D. Smolinski and another, respondents.
Dennis E. Ward for Mary R. Albarella, respondent.
Order affirmed, without costs, for reasons stated in the memorandum at the Appellate Division ( 89 A.D.2d 1052).
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER. Taking no part: Judge GABRIELLI.