— Order unanimously modified on the law and as modified affirmed without costs, in accordance with same Memorandum as in Penepent Corp. v Penepent ([appeal No. 1] 175 AD2d 620 [decided herewith]). (Appeal from Order of Supreme Court, Genesee County, Morton, J. — Costs.) Present — Callahan, J. P., Doerr, Denman, Green and Lowery, JJ.