
    In the Matter of River Oaks Marine, Inc., Appellant, v River Oaks Marina Associates, Inc., et al., Respondents.
    (Appeal No. 1.)
    [643 NYS2d 458]
   Judgment unanimously affirmed with costs. Same Memorandum as in Matter of River Oaks Mar. v River Oaks Marina Assocs. ([appeal No. 3] 227 AD2d 897 [decided herewith]). (Appeal from Judgment of Supreme Court, Erie County, Notaro, J. — CPLR art 78.) Present — Green, J. P., Lawton, Wesley, Doerr and Boehm, JJ.  