Opinion
August 23, 1983
Appeal from the Erie Supreme Court, Flaherty, J.
Present — Doerr, J.P., Denman, Boomer, Green and Schnepp, JJ.
Order unanimously reversed, without costs, and petition dismissed. (See Matter of Smith v Mahoney, 96 A.D.2d 1014; see, also, Matter of Higby v Mahoney, 48 N.Y.2d 15.)