OPINION OF THE COURT

Order affirmed, with costs, on the opinion by Mr. Justice A. Franklin Mahoney at the Appellate Division (57 AD2d 450). (Cf. Matter of Bookhout v Levitt, 43 NY2d 612.)

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.