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Steven J. Miraglia, for appellant.
Eleanor J. Ostrow, for respondent.
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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 Titone, Bellacosa, Smith, Levine,
Ciparick and Wesley concur.
Decided December 4, 1997