Opinion
February 2, 1996
Appeal from the Supreme Court, Erie County, Griffith, J.
Present — Denman, P.J., Lawton, Doerr, Balio and Boehm, JJ.
Order and judgment unanimously affirmed without costs. Same Memorandum as in Mitchell v. Wojciechowski ( 224 A.D.2d 975 [decided herewith]).