Enomoto v. Toia , 415 N.Y.S.2d 633 ( 1979 )

— Judgment affirmed, with costs. Same memorandum as in Matter of Chen v Toia (67 AD2d 1085). All concur, except Simons and Callahan, JJ., who dissent and vote to reverse the judgment and remit the matter for further proceedings in accordance with the same dissenting memorandum as in Matter of Chen v Toia (67 AD2d 1085, supra). (Appeal from judgment of Erie Supreme Court — art 78.) Present — Cardamone, J. P., Simons, Hancock, Jr., Callahan and Doerr, JJ.