
    Thaddeus A. Jarzabek, Appellant, v Reginald Tucci, Sr., Doing Business as Club Utica, Respondent.
    (Appeal No. 1.)
   — Order unanimously affirmed without costs. Same memorandum as in Jarzabek v Tucci ([appeal No. 2] 155 AD2d 908 [decided herewith]). (Appeal from order of Supreme Court, Erie County, Mintz, J. — transfer to City Court.) Present — Dillon, P. J., Callahan, Boomer, Lawton and Davis, JJ.  