On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed for so much of the reasoning of the memorandum of the Appellate Division as concluded that "the permissive adverse inference charge given by the court was an appropriate exercise of discretion under the circumstances" ( 207 A.D.2d 288).
Concur: Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK.