OPINION OF THE COURT
Order affirmed, with costs, for reasons stated in the opinion *1036by Mr. Justice J. Clarence Herlihy at the Appellate Division (62 AD2d 12).
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg.
OPINION OF THE COURT
Order affirmed, with costs, for reasons stated in the opinion *1036by Mr. Justice J. Clarence Herlihy at the Appellate Division (62 AD2d 12).
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg.