Opinion
Decided July 2, 1984
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, Lombardo, J.
William E. Hellerstein and Robert A. Womack for appellant.
Elizabeth Holtzman, District Attorney ( Sonya S. Kornblum of counsel), for respondent, precluded.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed for reasons stated in the memorandum of the Appellate Division ( 98 A.D.2d 752). Issues not preserved for review are not passed on by this court.
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.