OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, without costs. The Appellate Division did not abuse its discretion as a matter of law (see, Matter of City of New York [James St.], 21 NY2d 293; see also, Amsterdam Sav. Bank v City View Mgt. Corp., 45 NY2d 854).

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