In re the Claim of Downie (288 A.D.2d 638, 2001)

—Upon the Court’s own motion, it is

Ordered that the memorandum and order dated and entered June 21, 2001 (284 AD2d 739) is rescinded and vacated and a revised memorandum and order is handed down herewith.

Cardona, P. J., Crew III, Peters, Mugglin and Lahtinen, JJ., concur. [See, 288 AD2d — (decided herewith).]