Cole v. Furman , 727 N.Y.S.2d 685 ( 2001 )

—Order unanimously affirmed without costs. Same Memorandum as in Cole v Furman (285 AD2d 982 [decided herewith]). (Appeal from Order of Supreme Court, Chautauqua County, Gerace, J. — Renewal.) Present — Hayes, J. P., Wisner, Hurl-butt, Kehoe and Lawton, JJ.