Opinion
November 15, 1985
Appeal from the Supreme Court, Erie County, Joslin, J.
Present — Hancock, Jr., J.P., Doerr, Boomer, Pine and O'Donnell, JJ. (Decided Oct. 22, 1985.)
Order unanimously reversed, on the law, without costs, and petition granted. Same memorandum as in D'Amico v Mahoney ([Appeal No. 1], 115 A.D.2d 348).