In re the Claim of Downie , 732 N.Y.S.2d 598 ( 2001 )

—Upon the Court’s own motion, it is

Ordered that the memorandum and order dated and entered June 21, 2001 (284 AD2d 739) is rescinded and vacated and a revised memorandum and order is handed down herewith.

Cardona, P. J., Crew III, Peters, Mugglin and Lahtinen, JJ., concur. [See, 288 AD2d — (decided herewith).]