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 reasons stated in the memorandum of the Appellate Division ( 115 A.D.2d 758). Unlike People v Briggins ( 50 N.Y.2d 302), there was here a fraudulent intent.
Concur: Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR.