Fountainview at College Road, Inc. v. Soules , 738 N.Y.S.2d 586 ( 2002 )

—On the Court’s own motion, it is ordered that its unpublished decision and order in the above-entitled proceeding dated January 22, 2002, is recalled and vacated. Smith, J.P., O’Brien, Luciano and Crane, JJ., concur.