Opinion
Argued February 10, 1981
Decided March 24, 1981
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, THOMAS J. LOWERY, J.
Robert Abrams, Attorney-General (Richard J. Dorsey and Shirley Adelson Siegel of counsel), for appellant.
Spencer G. Feldmann for respondent.
Order reversed, with costs, and motion to dismiss the claim granted for reasons stated in the dissenting opinion by Justice J. CLARENCE HERLIHY at the Appellate Division ( 73 A.D.2d 50, 52-55). Question certified answered in the negative.
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.