Opinion
October 13, 1992
Appeal from the Supreme Court, Westchester County (Nastasi, J.).
Ordered that the appeal is dismissed as academic, without costs or disbursements.
By instituting a second proceeding after the instant proceeding was dismissed and carrying it to judgment, the petitioner abandoned the instant proceeding. Thus, the instant appeal is academic (see, Spancrete Northeast v Travelers Indem. Co., 102 A.D.2d 917; Sherrill v Grayco Bldrs., 99 A.D.2d 965, affd 64 N.Y.2d 261; Bomser v Moyle, 89 A.D.2d 202; Beary v Schwimmer, 44 A.D.2d 833. Miller, J.P., Copertino, Pizzuto and Santucci, JJ., concur.