Opinion
Decided July 1, 1997
Appeal from an order of the Appellate Division of the Supreme Court in the Second Judicial Department.
Robert J. Cimino, County Attorney of Suffolk County, Hauppauge ( Vinicio R. D'Arquea and Paul G. Costello of counsel), for appellant.
Pegalis Wachsman, P.C., Great Neck ( James B. Baydar of counsel), for respondents.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals ( 22 NYCRR 600.4), order reversed, without costs, and matter remitted to Supreme Court, Suffolk County, for further proceedings ( see, Cricchio v Pennisi, 90 N.Y.2d 296; Link v Town of Smithtown, 90 N.Y.2d 296).
Concur: Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY.