Majority
p. 497In the Matter of Fountainview at College Road, Inc., Respondent, v Jo Anne Soules et al., Appellants, et al., Respondents. [738 NYS2d 586]
—On the Court’s own motion, it is ordered that its unpublished decision and order in the above-entitled proceeding dated January 22, 2002, is recalled and vacated.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.