Order modified, without costs, and the order of Supreme Court, Monroe County, reinstated on the dissenting opinion by Mr. Justice RICHARD D. SIMONS at the Appellate Division ( 48 A.D.2d 258, 263-265) and, as so modified, affirmed. Question certified answered in the negative.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.