Opinion
December 19, 1986
Appeal from the Supreme Court, Wyoming County, Dadd, J.
Present — Callahan, J.P., Denman, Boomer, Pine and Balio, JJ.
Determination annulled, on the law, and petition granted (see, mem in Matter of Lahey v. Kelly, 125 A.D.2d 923 [decided herewith]). All concur, except Balio, J., who dissents and votes to confirm the determination (see, dissenting mem in Matter of Lahey v. Kelly, 125 A.D.2d 923, 924-926 [decided herewith], supra).