Opinion
Filed June 18, 1999
Appeals from the Order of Supreme Court, Erie County, Flaherty, J. — Summary Judgment.
PRESENT: LAWTON, J. P., WISNER, HURLBUTT, CALLAHAN AND BALIO, JJ.
Order unanimously modified on the law and as modified affirmed without costs in accordance with the same Memorandum as in Puckett v. County of Erie ([appeal No. 1] 262 A.D.2d 964 [decided herewith]).