Opinion
April 9, 1968
Appeal from the Erie Special Term.
Present — Williams, P.J., Del Vecchio, Marsh, Witmer and Henry, JJ.
Appeal unanimously dismissed as moot, without costs. Memorandum: This is an appeal from an order denying appellant's motion to settle the record on appeal. The appeal with which the record is concerned was dismissed by this court on December 7, 1967 and a motion returnable February 27, 1968, which we treated as a motion to vacate our former dismissal of the appeal, is denied concurrently herewith. The issues presented herein thereby have become academic.