Ordered that the notice of appeal is treated as an application for leave to appeal, the application is referred to Justice Rubin, and leave to appeal is granted by Justice Rubin (see, CPLR 5701 [b] [1]); and it is further,
Ordered that the order, as amended, is affirmed, with costs, for reasons stated by Justice Ingrassia at Special Term (see also, Matter of Bogey's Emporium v. City of White Plains, 114 A.D.2d 363). Mollen, P.J., Thompson, Weinstein and Rubin, JJ., concur.