In re Torres , 78 N.Y.2d 1085 ( 1991 )

OPINION OF THE COURT

Order affirmed, without costs, for the reasons stated in the memorandum of the Appellate Division (166 AD2d 228), and certified question not answered as unnecessary.

Concur: Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa.