y 0, 0000   Appellate Division, Second Department   Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 000.   This opinion is uncorrected and subject to revision before publication in the Official Reports.     Decided on May 0, 0000  SUPREME COURT OF THE STATE OF NEW YORK  Appellate Division, Second Judicial Department    JOHN M. LEVENTHAL, J.P.  