Opinion
December 4, 1995
Appeal from the Supreme Court, Suffolk County (Oshrin, J.).
Ordered that the appeal from the order dated September 23, 1994, is dismissed, as that order was superseded by the order dated January 31, 1995, made upon reargument and renewal; and it is further,
Ordered that the order dated January 31, 1995, is affirmed insofar as appealed from for reasons stated by Justice Oshrin at the Supreme Court; and it is further,
Ordered that the respondent is awarded one bill of costs. Bracken, J.P., O'Brien, Ritter, Friedmann and Goldstein, JJ., concur.