Opinion
July 16, 1993
Appeal from the Supreme Court, Monroe County, Calvaruso, J.
Present — Callahan, J.P., Green, Balio, Fallon and Doerr, JJ.
Judgment unanimously modified on the law and as modified affirmed without costs in accordance with same Memorandum as in Matter of Avon Nursing Home v. Axelrod ( 195 A.D.2d 1046 [decided herewith]).