Opinion
October 2, 1998
Appeal from the Supreme Court, Erie County, Gorski, J. — EDPL.)
Present — Denman, P. J., Green, Pigott, Jr., Callahan and Boehm, JJ.
Order unanimously affirmed with costs. Same Memorandum as in Erie County Indus. Dev. Agency v. Fry ( 254 A.D.2d 721 [decided herewith]).