
    In the Matter of John Shirvell, Appellant, v Edward V. Regan, as Comptroller of the State of New York, et al., Respondents.
    Argued January 9, 1987;
    decided February 10, 1987
    
      APPEARANCES OF COUNSEL
    
      Allen M. Kranz for appellant.
    
      Robert Abrams, Attorney-General (Alan W. Rubenstein, O. Peter Sherwood and Peter H. Schiff of counsel), for respondents.
   OPINION OF THE COURT

Judgment affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division (117 AD2d 850).

Concur: Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa.  