Order affirmed.
*437SPAETH, J., dissented. JACOBS, P. J., did not participate in the consideration or decision of this case. The above case was decided prior to the retirement of HOFFMAN, J.Order affirmed.
*437SPAETH, J., dissented. JACOBS, P. J., did not participate in the consideration or decision of this case. The above case was decided prior to the retirement of HOFFMAN, J.