Order reversed and petition dismissed, with costs in this court and in the Appellate Division, on the authority of Matter of Alweis v. Wagner ( 14 N.Y.2d 923), decided herewith.
Concur: Chief Judge DESMOND and Judges DYE, BURKE and BERGAN. Judges FULD, VAN VOORHIS and SCILEPPI dissent and vote to affirm on opinion by Judge FULD in Matter of Alweis v. Wagner ( 14 N.Y.2d 923), decided herewith.