—Order unanimously affirmed. Same Memorandum as in Matter of Davis v Herbert (209 AD2d 1046 [decided herewith]). (Appeal from Order of Supreme Court, Erie County, Flaherty, J.—Disclosure.) Present—Balio, J. P., Lawton, Fallon, Wesley and Doerr, JJ.
—Order unanimously affirmed. Same Memorandum as in Matter of Davis v Herbert (209 AD2d 1046 [decided herewith]). (Appeal from Order of Supreme Court, Erie County, Flaherty, J.—Disclosure.) Present—Balio, J. P., Lawton, Fallon, Wesley and Doerr, JJ.