Opinion
Argued November 13, 1979
Decided December 11, 1979
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department.
Edward G. McCabe, County Attorney (Robert O. Boyhan and Andrew J. Schatkin of counsel), for appellant.
Richard Gabriele and Leonard S. Clark for petitioner-respondent.
Judgment affirmed, with costs, for reasons stated in the memorandum at the Appellate Division ( 67 A.D.2d 926).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.