Order affirmed, without costs, for the reasons stated in the opinion by Mr. Justice J. CLARENCE HERLIHY at the Appellate Division ( 62 A.D.2d 798; see, also, Matter of Fullilove v Beame, 48 N.Y.2d 376, decided herewith).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES and WACHTLER. Judges FUCHSBERG and MEYER dissent and vote to reverse (see dissenting opn by FUCHSBERG, J., in Matter of Fullilove v Beame, 48 N.Y.2d 376, decided herewith).