— Order and judgment (one paper), Supreme Court, Bronx County, entered on October 9, 1980, unanimously affirmed, without costs and without disbursements. The stay granted by the aforesaid order and judgment is vacated. The case is remitted to the Supreme Court, Bronx County, for further proceedings pursuant to CPL 460.50 (subd 5). No opinion. Concur — Birns, J. P., Sullivan, Markewich, Bloom and Fein, JJ.