Opinion
Argued March 20, 1979
Decided April 26, 1979
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, VINCENT A. DE IORIO, J.
Sanford Solarz and Alvin Ashley for appellant.
Robert Abrams, Attorney-General (Douglas S. Dales, Jr., and Jeremiah Jochnowitz of counsel), for respondent.
Order affirmed, with costs, for reasons stated in the opinion by Mr. Justice J. CLARENCE HERLIHY at the Appellate Division ( 63 A.D.2d 443).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG.