*686Beldoek, P. J., Christ and Rabin, JJ., concur; Brennan and Hopkins, JJ., dissent and vote to affirm the order insofar as appealed from, on the authority of Matter of Pandoliano v. New York City Tr. Auth. (17 A D 2d 951); Matter of Spanos v. Town of Oyster Bay (23 A D 2d 881) and Kern v. Central Free School Dist. No.4 (25 AD 2d 867).