OPINION OF THE COURT
On summary consideration, order reversed, with costs, and the matter remitted to the Appellate Division, Third Department, with directions to remand for a hearing, for the reasons stated in the dissenting memorandum of Justice Ann T. Mikoll at the Appellate Division.
Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.