OPINION OF THE COURT
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, without costs, and matter remitted to Supreme Court, Suffolk County, for further proceedings (see, Cricchio v Pennisi, 90 NY2d 296; Link v Town of Smithtown, 90 NY2d 296).
Concur: Chief Judge Kaye and Judges Titone, Bellacosa, Smith, Levine, Ciparick and Wesley.