
    Irving B. Kendall, Respondent, v Herbert B. Evans, as Chief Administrative Judge of the State of New York, et al., Appellants.
    Argued September 7, 1988;
    decided October 13, 1988
    
      APPEARANCES OF COUNSEL
    
      Michael Colodner, John Eiseman and Barbara Zahler-Gringer for Herbert Evans, as Chief Administrative Judge of the State of New York, appellant.
    
      Robert Abrams, Attorney-General (Lawrence S. Kahn and Abigail I. Petersen of counsel), for Edward V. Regan, as Comptroller of the State of New York, and another, appellants.
    
      David C. Gilberg for respondent.
   OPINION OF THE COURT

Judgment appealed from and order of the Appellate Division brought up for review affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division (126 AD2d 703).

Concur: Judges Simons, Kaye, Alexander, Titone and Hancock, Jr. Taking no part: Chief Judge Wachtler and Judge Bellacosa.  