Submitted by Alan Gadlin, for Appellant.
Submitted by Richard Joselson, for Respondent.
On review of submissions pursuant to section 500.4 of the Rules, appeal dismissed upon the ground that the reversal by the Appellate Division was not "on the law alone or upon the law and such facts which, but for the determination of law, would not have led to reversal" (CPL 450.90[2][a]). Chief Judge Kaye and Judges Simons, Titone, Hancock and Bellacosa concur. Judge Smith took no part.