IN THE MATTER OF LUIS W. OSORIO, APPELLANT, v. ELLEN LEVENTHAL, ET AL., RESPONDENTS.

80 N.Y.2d 898, 600 N.E.2d 618, 587 N.Y.S.2d 891 (1992).
August 27, 1992

2 No. 292
Decided August 27, 1992
This memorandum is uncorrected and subject to revision before publication in the New York Reports.

Paul Wooten, for Appellant.
Martin E. Connor, for Respondents.

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Order reversed and judgment of Supreme Court in Proceeding No. 2 granting the petition to validate reinstated for the reasons stated in the dissenting in part memorandum at the Appellate Division. Chief Judge Wachtler and Judges Simons, Kaye, Hancock and Bellacosa concur. Judge Titone dissents and votes to affirm for the reasons stated in the memorandum of the Appellate Division.