Nicholas E. Tishler, Niskayuna, for appellant.
Murphy, Burns, Barber & Murphy, LLP, Albany (Peter G. Barber and Catherine A. Barber of counsel), for Tracey Nealon, respondent.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, and judgment absolute dismissing the petition granted upon petitioner's stipulation. The Appellate Division correctly determined that the issue whether a confidential relationship existed should have been submitted to the jury. Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT, RIVERA and ABDUS–SALAAM concur.