Appellate Division of the Supreme Court of the State of New York February 3, 1995, Appeal No. 2 (Castaldo v. Harrington)

—Order unanimously affirmed without costs. Same Memorandum as in Matter of Castaldo (Harrington) ([appeal No. 1] 212 AD2d 1004 [decided herewith]). (Appeal from Order of Supreme Court, Oswego County, Nicholson, J.—Summary Judgment.) Present—Green, J. P., Pine, Wesley, Davis and Boehm, JJ.