
    The People of the State of New York, Appellant, v Leo D. Parulski, Respondent.
    (Appeal No. 2.)
    [715 NYS2d 679]
   —Order reversed on the law, application denied, indictment reinstated and matter remitted to Steuben County Court for further proceedings on the indictment. Same Memorandum as in People v Parulski (277 AD2d 907 [decided herewith]).

All concur except Green, J. P., and Wisner, J., who dissent and vote to affirm in the same dissenting Memorandum as in People v Parulski (277 AD2d 907,908 [decided herewith]). (Appeal from Order of Steuben County Court, Bradstreet, J. — Dismiss Indictment.) Present — Green, J. P., Hayes, Wisner, Scudder and Lawton, JJ.  