Order reversed, without costs, and petitioner's motion denied on the dissenting opinion by Mr. Justice LOUIS J. CAPOZZOLI at the Appellate Division ( 51 A.D.2d 456, 461-462). Question certified answered in the negative.
Concur: Chief Judge BREITEL and Judges GABRIELLI, WACHTLER, FUCHSBERG and COOKE. Judges JASEN and JONES dissent and vote to affirm on the opinion by Mr. Justice SAMUEL J. SILVERMAN at the Appellate Division ( 51 A.D.2d 456, 457-461).