Judgment unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Defendant's notice of appeal states that this appeal is taken from an order entered June 3, 1993. In the exercise of our discretion, we deem the appeal to have been taken from the subsequent judgment (see, Hughes v Nussbaumer, Clarke & Velzy,
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