
    In the Matter of Austin Erwin, Appellant, v Edward V. Regan, as Comptroller of the State of New York, Respondent.
    Decided December 8, 1982
    
      APPEARANCES OF COUNSEL
    
      Frank H. Penski for appellant.
    
      Robert Abrams, Attorney-General (Alan W. Rubenstein of counsel), for respondent.
   opinion of the court

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), judgment affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division (89 AD2d 753).

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg and Meyer. Taking no part: Judge Gabrielli.  