OPINION OF THE COURT
Order affirmed, with costs, for the reasons stated in the opinion of Justice Ira Gammerman at Supreme Court, New York County (148 Misc 2d 863), except insofar as it discusses the superseding legislation and the reasons for its enactment.
*986Concur: Acting Chief Judge Simons and Judges Kaye, Ti-tone, Hancock, Jr., Bellacosa and Smith.