Order affirmed, without costs. (See Matter of Pauly v Mahoney, 49 AD2d 1014, mot for lv to app den 37 NY2d 711.) All concur, except Callahan, J., who dissents and votes to reverse and dismiss the petition in the following memorandum.
Order affirmed, without costs. (See Matter of Pauly v Mahoney, 49 AD2d 1014, mot for lv to app den 37 NY2d 711.) All concur, except Callahan, J., who dissents and votes to reverse and dismiss the petition in the following memorandum.