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, with costs, for the reasons stated in the opinion by Justice Arnold L. Fein at the Appellate Division ( 106 A.D.2d 128). See also Levine v Long Is. R.R. Co. ( 30 N.Y.2d 907, affg 38 A.D.2d 936, 938). Additionally, we note that estoppel is not available against a governmental agency engaging in the exercise of its governmental functions absent an "unusual factual situation", which does not exist here ( see, Matter of Daleview Nursing Home v Axelrod, 62 N.Y.2d 30, 33).
Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and TITONE. Taking no part: Judge ALEXANDER.