OPINION OF THE COURT
On summary consideration, order affirmed, without costs, for the reasons stated in the memorandum at the Appellate Division (81 AD2d 1037; see, also, People ex rel. Knowles v Smith, 54 NY2d 259).
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.