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Submitted by Michael K. Swirsky, for Appellant.
Submitted by Nicholas P. Calabria, for Respondents.
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On review of submissions pursuant to section 500.4 of the Rules, judgment reversed, with costs, and matter remitted to the Appellate Division, Second Department, for consideration of issues raised but not considered on the appeal to that court (see, Matter of Cahill v. Rosa, __ NY2d __; Matter of Lasser v. Rosa, __ NY2d __ [decided 10/15/96]). Chief Judge Kaye and Judges Titone, Bellacosa, Smith, Levine, Ciparick and Wesley concur.
Decided January 14, 1997