In each case: Order affirmed, without costs (Matter of Sciarra v Donnelly, 34 NY2d 970; Matter of Chine v Hayduk, 34 NY2d 965).
Concur: Chief Judge Breitel and Judges Gabrielli, Jones and Wachtler. Judges Jasen, Fuchsberg and Cooke dissent and vote to reverse in the following memorandum.