Opinion
December 20, 1989
Appeal from the Erie County Family Court, Honan, J.
Present — Boomer, J.P., Green, Pine, Lawton and Davis, JJ.
Appeal unanimously dismissed without costs as academic (see, Kurtis v Allstate Ins. Co., 43 A.D.2d 954; Gorfinkel v First Natl. Bank, 19 A.D.2d 903, affd 15 N.Y.2d 711).