Order unanimously affirmed without costs. Same memorandum as in Heinike Assocs. v Ransom Enters, ([appeal No. 2] 154 AD2d 892 [decided herewith]). (Appeal from order of Supreme Court, Erie County, Doyle, J. — contempt of court.) Present — Dillon, P. J., Denman, Boomer, Green and Davis, JJ.