
    In the Matter of Leo Kerness, Appellant, et al., Petitioners, v Peter A. A. Berle, as Commissioner of the Department of Environmental Conservation, State of New York, et al., Respondents.
    Submitted October 11, 1982
    decided November 11, 1982
    
      APPEARANCES OF COUNSEL
    
      Howard P. Fritz for appellant.
    
      Robert Abrams, Attorney-General {Peter H. Schiff, Marcia J. Cleveland and Mary L. Lyndon of counsel), for respondents.
   OPINION OF THE COURT

Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division (85 AD2d 695).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.  