OPINION OF THE COURT
Judgment appealed from and the order of the Appellate Division brought up for review affirmed, with costs, on the memorandum at the Appellate Division (57 AD2d 622; see, also, Matter of Johnson v Director, Downstate Med. Center, 41 NY2d 1061; and Matter of McGirr v Division of Veterans Affairs, Executive Dept., State of N. Y., 43 NY2d 635).
Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.