Erie Petroleum, Inc. v. County of Chautauqua (286 A.D.2d 855, 2001)

—Judgment insofar as appealed from unanimously reversed on the law without costs and first decretal paragraph deleted. Same Memorandum as in Erie Petroleum v County of Chautauqua (286 AD2d 854 [decided herewith]). (Appeal from Judgment of Supreme Court, Chautauqua County, Gerace, J. — Counsel Fees.) Present — Pigott, Jr., P. J., Green, Pine, Scudder and Burns, JJ.