Order unanimously modi*940fied, on the law, and, as modified, affirmed, with costs to petitioner, in accordance with same memorandum as in Matter of National Fuel Gas Distrib. Corp. v Coffman (126 AD2d 939 [decided herewith]). (Appeal from order of Supreme Court, Genesee County, Morton, J.—extend time to file note of issue.) Present—Callahan, J. P., Denman, Boomer, Green and Balio, JJ.