On summary consideration, order affirmed, without costs, for the reasons stated in the memorandum at the Appellate Division ( 81 A.D.2d 1037; see, also, People ex rel. Knowles v Smith, 54 N.Y.2d 259).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.