OPINION OF THE COURT
Judgment affirmed, with costs (see Matter of Gaines v Tully, 49 NY2d 1008, decided herewith).
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.
OPINION OF THE COURT
Judgment affirmed, with costs (see Matter of Gaines v Tully, 49 NY2d 1008, decided herewith).
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.