Opinion
July 9, 1999
Appeal from Order of Supreme Court, Monroe County, Smith, J. — Vacate Judgment.
PRESENT: PINE, J. P., LAWTON, PIGOTT, JR., HURLBUTT AND SCUDDER, JJ.
Order unanimously modified on the law and as modified affirmed without costs in accordance with the same Memorandum as in Matter of Santoro v. Schreiber ([appeal No. 2] 263 A.D.2d 953 [decided herewith])