
    Fourth Department,
    November 2003
    (November 21, 2003)
    Melanie Snuszki, as Administrator of the Estate of Peggy A.B. Wright, Deceased, for Benefit of Ian Wright et al., Respondent, v Thomas Wright, Appellant, and Eliot Spitzer, as Attorney General of State of New York, Intervenor-Respondent.
    [767 NYS2d 749]
   Appeal from a judgment (denominated order) of Supreme Court, Niagara County (Boniello, III, J.), entered September 6, 2002, which denied defendant’s motion to dismiss the complaint and declared Executive Law § 632-a constitutional.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in decision at Supreme Court, Niagara County, Boniello, III, J. (Snuszki v Wright, 193 Mise 2d 490 [2002]). Present — Pigott, Jr., EJ, Green, Pine, Wisner and Gorski, JJ.  