Opinion
Argued March 30, 1981
Decided April 9, 1981
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, AARON E. KLEIN, J.
Robert Abrams, Attorney-General (John Q. Driscoll and Shirley Adelson Siegel of counsel), for appellant.
Victoria A. Graffeo for respondent.
Order affirmed, with costs, for reasons stated in the opinion by Justice J. CLARENCE HERLIHY at the Appellate Division ( 76 A.D.2d 151).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.