OPINION OF THE COURT
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, for the reasons stated in the memorandum by the Appellate Division (31 AD3d 688 [2006]).
Concur: Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith and Pigott.