Judgment, Supreme Court, New York County, entered on April 5, 1976, unanimously affirmed for the reasons stated by Kirschenbaum, J., at Special Term. Petitioner-respondent shall recover of respondent-appellant $40 costs and disbursements of this appeal. Concur&emdash;Markewich, J. P., Murphy, Birns, Capozzoli and Nunez, JJ.