Opinion
November 19, 1993
Appeal from the Supreme Court, Genesee County, Morton, J.
Present — Green, J.P., Pine, Lawton, Fallon and Davis, JJ.
Order unanimously reversed on the law without costs and motion denied. Same Memorandum as in Matter of Penepent ([appeal No. 13] 198 A.D.2d 784 [decided herewith]).