OPINION OF THE COURT
Order reversed, with costs, and petition dismissed (see, Matter of ISCA Enters. v City of New York Dept. of Fin., 77 NY2d 688, rearg denied 78 NY2d 952 [1991], cert denied 503 US 906 [1992]; City of New York v Nelson, 309 NY 94, rearg denied and remittitur amended 309 NY 801 [1955], affd 352 US 103 [1956]).
Concur: Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick.