Opinion
Argued November 17, 1998
Decided December 22, 1998
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Norman A. Mordue, J.
O'Connor, Yoquinto Ryan, Troy ( Marshall P. Richer of counsel), for appellant.
Ali, Pappas Cox, Syracuse ( P. Douglas Dodd and C. Andrew Pappas of counsel), for respondent.
Order affirmed, with costs, for the reasons stated in the memorandum of the Appellate Division ( 248 A.D.2d 932).
Concur: Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY.