Order affirmed, with costs, on the opinion by then Presiding Justice J. CLARENCE HERLIHY at the Appellate Division ( 50 A.D.2d 9; see, also, Ball v State of New York, 41 N.Y.2d 617).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.