OPINION OF THE COURT

Order affirmed, with costs. We agree with the Appellate Division that the addition of the word "forthwith” to the statutory provisions in question does not alter the rule of Matter of Pierne v Valentine (291 NY 333, 342) but, rather, only precludes an unnecessary or unwarranted delay which is not presented in this case.

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