*747OPINION OF THE COURT
Order affirmed, with costs, for reasons stated in the opinion by Justice Moses M. Weinstein at the Appellate Division (98 AD2d 442).
Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye.
(Claim No. 60758.)
Argued November 14, 1984;
decided December 27, 1984
*746APPEARANCES OF COUNSEL
Robert Abrams, Attorney-General (Michael S. Buskus and Peter H. Schiff of counsel), for appellant.
Robert L. Ellis, John B. Clarke and Roger Bohrer for respondent.
*747OPINION OF THE COURT
Order affirmed, with costs, for reasons stated in the opinion by Justice Moses M. Weinstein at the Appellate Division (98 AD2d 442).
Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye.
64 N.Y.2d 745
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