OPINION OF THE COURT
Determination appealed from and order of the Appellate Division brought up for review affirmed, with costs, for reasons stated in the memorandum of the Appellate Division (88 AD2d 685).
Concur: Chief Judge Cooke and Judges Wachtler, Meyer, Simons and Kaye. Judge Jasen dissents and votes to reverse in an opinion in which Judge Jones concurs.