Motion by respondent to resettle the order of this court, dated December 22, 1975. Motion denied. On the court’s own motion, its decision dated December 22, 1975 [50 AD2d 870] is amended by striking from its second paragraph the words "and the facts”. Order entered December 22, 1975 on said decision amended accordingly. Gulotta, P. J., Latham, Christ and Shapiro, JJ., concur.