
    In the Matter of Charles Montaperto, Appellant, v Harold E. Herkommer, as Executive Director of the Board of Trustees of the New York City Employees’ Retirement System, et al., Respondents.
   — Order and judgment (one paper), Supreme Court, New York County (Richard Wallach, J.), entered on February 5, 1985, unanimously affirmed for the reasons stated by Richard Wallach, J. at Special Term, without costs and without disbursements. Concur — Murphy, P. J., Sandler, Fein and Asch, JJ.  