Opinion
March 13, 1992
Appeal from the Supreme Court, Cayuga County, Contiguglia, J.
Present — Denman, P.J., Boomer, Green, Balio and Doerr, JJ.
Order unanimously affirmed without costs. Memorandum: On the record before us, it is not possible to determine whether the Statute of Limitations allegedly contained in the insurance policy had expired as a matter of law (see, La Penta v General Acc. Fire Life Assur. Corp., 62 A.D.2d 1145) or whether plaintiff Francis C. Bellnier had any rights under the policy.