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Full opinion text

—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 (263 AD2d 953 [decided herewith]). (Appeal from Order of Supreme Court, Monroe County, Smith, J. — Vacate Judgment.) Present — Pine, J. P., Lawton, Pigott, Jr., Hurlbutt and Scudder, JJ.