Opinion
May 22, 1979
Appeal from the Onondaga Supreme Court.
Present — Dillon, P.J., Cardamone, Simons, Callahan and Witmer, JJ.
Order and judgment unanimously modified, on the law and facts, and, as modified, affirmed, in accordance with same memorandum as in Matter of Rice v. Srogi, ( 70 A.D.2d 764).