Opinion
December 23, 1994
Appeal from the Supreme Court, Erie County, Mintz, J.
Present — Pine, J.P., Lawton, Fallon, Davis and Boehm, JJ.
Order and judgment unanimously vacated without costs. Memorandum: The issue raised on this appeal was fully briefed and decided in favor of petitioner in a prior appeal (see, Cathedral Park Bldg. Assocs. v Damon Morey, 199 A.D.2d 1045).