OPINION OF THE COURT
Order affirmed, without costs, for the reasons stated in the memorandum at the Appellate Division (132 AD2d 720).
Concur: Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Hancock, Jr., Bellacosa and Dillon.* Judge Bellacosa also concurs in a concurring opinion.
*.
Designated pursuant to NY Constitution, article VI, § 2.