Opinion
June 16, 1997
Appeal from the Supreme Court (Silverman, J.).
Ordered that the appeal from the order is dismissed as academic, without costs or disbursements; and it is further,
Ordered that the judgment is affirmed insofar as appealed and cross-appealed from, without costs or disbursements, for reasons stated by Justice Colabella at the Supreme Court.
O'Brien, J.P., Thompson, Pizzuto and Friedmann, JJ., concur.