Opinion
October 2, 1998
Appeal from Order of Supreme Court, Monroe County, Polito, J. — Vacate Order.)
Present — Pine, J. P., Lawton, Pigott, Jr., Callahan and Boehm, JJ.
Order unanimously affirmed with costs. Same Memorandum as in Presutti v. Suss ([appeal No. 1] 254 A.D.2d 785 [decided herewith]).