OPINION OF THE COURT
Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division (111 AD2d 727; see also, Matter of MFY Legal Servs. v Dudley, 67 NY2d 706).
Concur: Chief Judge Wachtler and Judges Meyer, Simons, Alexander, Titone and Hancock, Jr. Taking no part: Judge Kaye.