MATTER OF ALBENGA v. McGUIRE

On summary consideration, order affirmed, without costs, for the reasons stated in the memorandum at the Appellate Division ( 80 A.D.2d 813; see, also, Matter of Scotto v Board of Trustees of Police Pension Fund of City of N.Y., Art. II, 54 N.Y.2d 918 [decided herewith]).

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.