Appeal from a judgment of the Supreme Court, Monroe County (Thomas A. Stander, J.), entered March 14, 2005. The judgment rescinded the disability insurance policy issued by plaintiff to defendant and dismissed defendant’s counterclaim.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs. Fresent&emdash;Hurlbutt, J.E, Scudder, Kehoe, Gorski and Hayes, JJ.