Order affirmed, without costs (see mem at App. Div., 54 A.D.2d 979).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER AND FUCHSBERG. Judge COOKE dissents and votes to reverse for reasons stated in the dissenting memorandum by Mr. Justice VITO J. TITONE at the Appellate Division ( 54 A.D.2d 979, 980-981).