OPINION OF THE COURT
Hurlbutt, J.Same opinion by Hurlbutt, J., as in Doe v HMO-CNY (14 AD3d 102 [2004]).
Pigott, Jr., P.J., Green, Pine and Scudder, JJ., concur.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.