Opinion
Filed May 2, 2001.
Appeal from Order and Judgment of Supreme Court, Erie County, Fahey, J., for Whelan, J., pursuant to CPLR 9002 — Contract.
PRESENT: GREEN, J.P., HAYES, SCUDDER, BURNS AND LAWTON, JJ.
Order and judgment unanimously affirmed without costs for reasons stated in decision at Supreme Court, Whelan, J.