In re Roberts (92 A.D.2d 452, 1983)

Order and judgment (one paper), Supreme Court, New York County (Sinclair, J.), entered on December 18, 1981, unanimously affirmed, without costs and without disbursements. (See Matter ofEscher, 52 NY2d 1006.) The oral application for leave to appeal to the Court of Appeals is granted, and this court, pursuant to CPLR 5713 states that questions of law have arisen which ought to be reviewed by the Court of Appeals. No opinion. Concur — Sullivan, J. P., Silverman, Bloom, Fein and Alexander.