Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Joseph J. Sedita, J.
Patrick H. NeMoyer, County Attorney, Buffalo (Alan P. Gerstman of counsel), for appellant.
Kennedy, Stoeckl Martin, P.C., Buffalo (Patrick E. Martin of counsel), for respondent.
Order affirmed, with costs, for the reasons stated in the opinion by Justice John P. Balio at the Appellate Division ( 171 A.D.2d 369).
Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA. Taking no part: Judge SMITH.