Opinion
April 20, 1987
Appeal from the Supreme Court, Richmond County (Kuffner, J.).
Ordered that the order and judgment is reversed, on the law, with costs, and the motion to dismiss is granted (see, Matter of Wedinger v Goldberger, 129 A.D.2d 712 [decided herewith]). Thompson, J.P., Weinstein, Kunzeman and Harwood, JJ., concur.