Appellate Division of the Supreme Court of the State of New York February 1, 2002, Appeal No. 14 (Roberts v. Cobblestone Homes of Rochester, Inc.)

—Appeal and cross appeal from a judgment of Supreme Court, Monroe County (Siracuse, J.), entered October 11, 2000, which, inter alia, ordered a public sale of the subject premises.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by deleting therefrom the provision that plaintiff, William F.