OPINION OF THE COURT

Order affirmed on the Per Curiam opinion at the Appellate Division (54 AD2d 109).

Concur: Chief Judge Breitel and Judges Jones, Wachtler and Fuchsberg. Judges Jasen, Gabrielli and Cooke dissent and vote to reverse on the dissenting opinion by Mr. Justice Harold Birns at the Appellate Division (54 AD2d,. at pp 114-118).