— Appeal unanimously dismissed without costs. Same Memorandum as in Pennino v Lasersurge, Inc. ([appeal No. 1] 178 AD2d 939 [decided herewith]). (Appeal from Order of Supreme Court, Monroe County, Cur-ran, J. — Reargument.) Present — Callahan, J. P., Boomer, Green, Lawton and Davis, JJ.