Opinion
Submitted September 29, 2008.
Decided October 16, 2008.
Reported below, 48 AD3d 1294.
Motion for assignment of counsel granted and John E. Tyo, Esq., care of Zimmerman Tyo, 6 East Main Street, RO. Box 7, Shortsville, New York 14548 assigned as counsel to the appellant on the appeal herein.