OPINION OF THE COURT
Order affirmed, with costs, for the reasons stated in the memorandum of the Appellate Division (167 AD2d 820).
Concur: Chief Judge Wachtler and Judges Simons, Kaye, Titone, Hancock, Jr., and Bellacosa. Judge Alexander dissents and votes to reverse for the reasons stated in the dissenting memorandum at the Appellate Division (167 AD2d 820, 820-822).