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 of the Appellate Division affirmed, without costs, for the reasons stated by Justice Judith J. Gische at the Appellate Division, First Department (124 AD3d 13 [2014]), and certified question not answered upon the ground that it is unnecessary.
Concur: Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia.