
    In the Matter of Barney’s, Inc., Appellant, v Department of Finance of the City of New York, Respondent.
    Argued January 5, 1984;
    decided February 14, 1984
    
      APPEARANCES OF COUNSEL
    
      Franklin S. Bonem and John W. Ritchie for appellant.
    
      Frederick A. O. Schwarz, Jr., Corporation Counsel {Jerome Weinstock, Gale Zareko and Stanley Buchsbaum of counsel), for respondent.
    
      Selig J. Levitan and Ira J. Kaltman for Celebrity, Inc., amicus curiae.
    
    
      Maurice Mound and Hortense F. Mound for Commodity Clearing Corporation, amicus curiae.
    
   OPINION OF THE COURT

Judgment affirmed, with costs, for reasons stated in the opinion by Justice Sidney H. Asch at the Appellate Division (93 AD2d 642).

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