Opinion
February 2, 1995
Appeal from the County Court of Broome County (Smith, J.).
We affirmed the judgment by memorandum and order entered January 12, 1995 ( 211 A.D.2d 922). Subsequently we were advised that County Court had vacated the judgment by decision and order dated September 21, 1994. Accordingly, the memorandum and order entered January 12, 1995 is vacated and defendant's appeal is dismissed, as moot.
Mikoll, J.P., Mercure, White, Casey and Yesawich Jr., JJ., concur. Ordered that the memorandum and order entered January 12, 1995 is vacated. Ordered that the appeal is dismissed, as moot.