
    Davis-Eckert, a Joint Venture, Respondent, v State of New York, Appellant.
    Argued May 27, 1987;
    decided June 30, 1987
    
      APPEARANCES OF COUNSEL
    
      Robert Abrams, Attorney-General (Richard J. Dorsey, O. Peter Sherwood and Peter H. Schiff of counsel), for appellant.
    
      George R. Rich for respondent.
   OPINION OF THE COURT

Order affirmed, with costs, for reasons stated in the opinion by Justice Ann T. Mikoll at the Appellate Division (118 AD2d 375). Certified question answered in the negative.

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