Opinion
October 23, 1995
Appeal from the Supreme Court, Suffolk County (Seidell, J.).
Ordered that the appeal from the order dated December 10, 1993, is dismissed, without costs or disbursements, as that order was superseded by the order dated October 24, 1994, made upon reargument; and it is further,
Ordered that the order dated October 24, 1994, is affirmed insofar as appealed from, without costs or disbursements.
The Special Grand Jury was adequately instructed with regard to the appellant's duties and responsibilities as a public servant. Moreover, its findings are supported by a preponderance of the credible and legally admissible evidence (see, Matter of Report of 1985-1986 Special Grand Jury, 150 A.D.2d 580). Sullivan, J.P., Miller, Copertino and Goldstein, JJ., concur.