Opinion
November 15, 1985
Appeal from the Supreme Court, Delaware County (Lee, Jr., J.).
Order and judgment affirmed, with costs, upon the opinion of Justice David F. Lee, Jr., at Special Term. We add only that we reject plaintiff's contention that the Special Term Justice should have recused himself since that issue has not been preserved for our review. Mahoney, P.J., Kane, Casey, Weiss and Levine, JJ., concur.