—On the Court’s own motion, it is ordered that its unpublished decision and order in the above-entitled proceeding dated January 22, 2002, is recalled and vacated.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.
In the Matter of Fountainview at College Road, Inc., Respondent, v. Jo Anne Soules et al., Appellants, et al., Respondents
291 A.D.2d 497738 N.Y.S.2d 586
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