433 N.Y.S.2d 760, 413 N.E.2d 1174
Court of Appeals of the State of New York.Argued September 10, 1980
Decided October 16, 1980
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Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, JOHN H. PENNOCK, J.
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James W. Roemer, Jr., Thomas C. Conway and Michael J. Smith
for appellant.
Robert Abrams, Attorney-General (Joseph J. Micare an Shirley Adelson Siegel of counsel), for respondent.
Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division (72 A.D.2d 887).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.
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