OPINION OF THE COURT
Order reversed, with costs, and petition dismissed on the dissenting opinion by Mr. Justice Myles J. Lane at the Appellate Division (57 AD2d 268, 277-281; see also Matter of Wood v Fahey, 62 AD2d 86; contra Howe Ave. Nursing Home v Nafus, 54 AD2d 686, app dsmd 41 NY2d 901).
Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Fuchsberg and Cooke. Judge Wachtler dissents and votes to affirm in the following opinion.