Order, Supreme Court, New York County, entered on September 15, 1976, unanimously affirmed for the reasons stated by Fein, J., in the original determination and upon reargument. Respondent shall recover of appellants one bill of $40 costs and disbursements of this appeal. Appeal from order of said court entered on September 16, 1976 unanimously dismissed as academic, without costs and without disbursements. Concur— Stevens, P. J., Kupferman, Birns, Lane and Nunez, JJ.