OPINION OF THE COURT

On petitioner Montgomery’s appeal, order affirmed, without costs, for the reasons stated in the Per Curiam opinion at the Appellate Division (196 AD2d 675).

Appeal by petitioners Hogan and Freebern dismissed, without costs, upon the ground that the two-Justice dissent at the Appellate Division was not a dissent in their favor (CPLR 5601 [a]).

Concur: Chief Judge Kaye and Judges Simons, Titone, Hancock, Jr., Bellacosa and Smith.