Opinion
October 30, 1980
Appeal from the Monroe Supreme Court.
Present — Cardamone, J.P., Simons, Hancock, Jr., Callahan and Witmer, JJ.
Judgment unanimously affirmed, with costs. Memorandum: Because the facts are fully revealed and undisputed in light of Baker v Sterling ( 39 N.Y.2d 397, 405-406) it would be useless for petitioner to make the application which respondents would require.