Opinion
February 14, 1995
Appeal from the Court of Claims (Silverman, J.).
Ordered that the appeal from the order and judgment is dismissed, as the order and judgment was superseded by the order dated March 3, 1992; and it is further,
Ordered that the order dated March 3, 1992, is affirmed; and it is further,
Ordered that the respondent is awarded one bill of costs.
We find no basis to disturb the trial court's conclusion that the respondent was not liable under the circumstances of this case. Rosenblatt, J.P., Miller, Santucci and Florio, JJ., concur.