(concurring). Since the Court of Appeals in Matter of Garcia v LeFevre (64 NY2d 1001) did not reach the dispositive issue in the instant cases, the position of the majority in our Garcia decision (102 AD2d 1004) still controls. Therefore, I am constrained to concur.
Kane, Casey and Weiss, JJ., concur with Mahoney, P. J.; Levine, J., concurs in a separate opinion.
Determinations confirmed, and petitions dismissed, without costs.