Opinion
Argued June 11, 1976
Decided July 13, 1976
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, DANIEL J. McAVOY, J.
Donald Carlin and Rodney A. Richards for appellant.
Allan D. Bishop, Jr., for respondent.
Order affirmed, with costs, on the memorandum at the Appellate Division ( 48 A.D.2d 985).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.