Mark Matthew Jasen, for appellant.
John M. Curran, for respondent.
Eugene F. Pigott, Jr., for respondent.
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Order reversed and order of Supreme Court, Erie County, reinstated for the reasons stated in the opinion by Justice Mario J. Rossetti at Supreme Court (___ Misc 2d ___). Chief Judge Kaye and Judges Simons, Titone, Bellacosa, Smith, Levine and Ciparick concur.
Decided August 31, 1995