Opinion
October 29, 1982
Appeal from the Supreme Court, Erie County, Doyle, J.
Present — Hancock, Jr., J.P., Callahan, Doerr, Denman and Moule, JJ.
Judgment unanimously reversed and petition dismissed, without costs (see Clove Lakes Nursing Home v. Whalen, 45 N.Y.2d 873; Niagara Falls Mem. Med. Center v. Axelrod, 88 A.D.2d 777).