Opinion
July 13, 1987
Appeal from the Supreme Court, Nassau County (Kutner, J.).
Ordered that the appeal from the order dated May 7, 1986, is dismissed, as that order was superseded by the order dated June 30, 1986, made upon reargument; and it is further,
Ordered that the order dated June 30, 1986, is affirmed insofar as appealed from, for reasons stated by Justice Kutner at the Supreme Court; and it is further,
Ordered that the respondents New York Racing Association and Royal Guard Fence Company are awarded one bill of costs. Niehoff, J.P., Lawrence, Weinstein and Kunzeman, JJ., concur.