Opinion
Decided September 20, 1983
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, KENNETH L. SHORTER, J.
Adam Walinsky and Mark G. O'Connor for appellant.
Harry Michelson and Julius A. Copeland for respondents.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order affirmed, with costs, for the reasons stated in the memorandum of the Appellate Division ( 93 A.D.2d 722). We add only that an evidentiary hearing was not required ( Matter of Colton v Berman, 21 N.Y.2d 332, 333-334; Friendly, "Some Kind of Hearing", 123 U of Pa L Rev 1267).
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS.