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 for the reasons stated in the memorandum of the Appellate Division (179 AD2d 531).
Concur: Acting Chief Judge Simons and Judges Kaye, Ti-tone, Hancock, Jr., and Bellacosa. Taking no part: Judge Smith.