Order affirmed, without costs (Matter of Maurin v. Allis, 28 A D 2d 810, affd. 20 N Y 2d 671; cf. Matter of Sciarra v. Donnelly, 34 N Y 2d 970).
Concur: Chief Judge Breitel and Judges Gabrielli, Jones, Wachtler, Rabin and Staley.* Taking no part: Judge Stevens.
Designated pursuant to section 2 of article VI of the State Constitution.