Opinion
September 30, 1987
Appeal from the Supreme Court, Wyoming County, Dadd, J.
Present — Callahan, J.P., Denman, Boomer, Green and Balio, JJ.
Determination unanimously annulled on the law and petition granted (see, Matter of Lahey v. Kelly, 125 A.D.2d 923, lv granted 69 N.Y.2d 608).