OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed, with costs, and question certified answered in the affirmative for the reasons stated in the memorandum of the Appellate Division (92 AD2d 839; see, also, Mundy v Nassau County Civ. Serv. Comm., 44 NY2d 352).

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye.