Opinion
February 4, 1991
Appeal from the Supreme Court, Suffolk County (Rohl, J.).
Upon the papers filed in support of the proceeding, the papers filed in opposition thereto, and the papers filed in support of the motion, it is,
Ordered and adjudged that the motion is denied and the proceeding is dismissed as academic, without costs or disbursements.
The appeal under Suffolk County Indictment Number 1688/88 is decided herewith (see, People v Miller, 170 A.D.2d 464 [decided herewith]). The decision and order on that appeal directs the dismissal of Suffolk County Indictment Numbers 1677/88 and 1678/88. Mangano, P.J., Kunzeman, Kooper, Sullivan and Ritter, JJ., concur.