
    John S. Hall, Respondent, v Howard W. La Rose, as Executor of Winifred S. La Rose, Deceased, Appellant.
    Argued February 13, 1981;
    decided March 24, 1981
    
      APPEARANCES OF COUNSEL
    
      William W. Millington for appellant.
    
      John S. Hall, respondent pro se, and Henry D. Sintzenich, II, for respondent.
   OPINION OF THE COURT

Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division (76 AD2d 989). Van Wormer v Giovatto (46 NY2d 751) is not authority to the contrary.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer..  