—Motion granted to the extent of striking the words "and as a matter of discretion in the interest of justice” from the opinion filed with the order of this court entered on May 24, 1979 [68 AD2d 279, 287] and resettling said order to reflect such deletion. Resettled order signed and filed. Concur—Murphy, P. J., Kupferman, Sullivan and Markewich, JJ.