OPINION OF THE COURT
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, without costs (see, People ex rel. Vega v Smith, 66 NY2d 130).
Concur: Chief Judge Wachtler and Judges Meyer, Simons, *997Kaye, Alexander and Titone. Taking no part: Judge Hancock, Jr.