—On transfer from the Appellate Division, Third Department, judgment, Supreme Court, Albany County, entered on January 18, 1978, unanimously affirmed on the *957opinion of Gibson, J., without costs and without disbursements. (See Matter of Klingaman v Bartlett, 64 AD2d 1038.) Concur—Kupferman, J. P., Silver-man, Evans, Lynch and Sandler, JJ. [92 Misc 2d 262.]