Opinion
February 3, 1995
Appeal from the Supreme Court, Erie County, Glownia, J.
Present — Pine, J.P., Lawton, Fallon, Wesley and Davis, JJ.
Order unanimously reversed on the law without costs and motion denied. Same Memorandum as in Matter of Shaibi v. New York State Dept. of Health ( 212 A.D.2d 1051 [decided herewith]).