OPINION OF THE COURT
Order affirmed, without costs, for reasons stated in the memorandum opinion at the Appellate Division.
Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg and Meyer. Taking no part: Judge Gabrielli.
Argued September 9, 1982
decided September 10, 1982
*739APPEARANCES OF COUNSEL
Alexander Potruch and Joseph F. Lisa for appellant.
Andrew Schnier for petitioner-respondent.
OPINION OF THE COURT
Order affirmed, without costs, for reasons stated in the memorandum opinion at the Appellate Division.
Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg and Meyer. Taking no part: Judge Gabrielli.
57 N.Y.2d 737
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