Order affirmed, with costs. The Appellate Division did not err in retaining the appeal despite mootness or in converting the proceeding to an action for declaratory judgment. On the merits we affirm for the reasons stated in the opinion by Presiding Justice A. FRANKLIN MAHONEY at the Appellate Division ( 86 A.D.2d 246).
Concur: Judges JASEN, JONES, WACHTLER, MEYER and SIMONS. Taking no part: Chief Judge COOKE.