Order affirmed, with costs, for reasons stated in the opinion by Justice Stewart F. Hancock, Jr., at the Appellate Division (101 AD2d 498; see, also, Malerba v Incorporated Vil. of Huntington Bay, 54 NY2d 863).
*670Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye.
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