OPINION OF THE COURT
On summary consideration, order affirmed, without costs, for the reasons stated in the memorandum at the Appellate Division (80 AD2d 813; see, also, Matter of Scotto v Board of Trustees of Police Pension Fund of City of N. Y., Art. II, 54 NY2d 918 [decided herewith]).
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.