Opinion
October 6, 1989
Appeal from the Supreme Court, Erie County, Flaherty, J.
Present — Callahan, J.P., Boomer, Pine, Lawton and Davis, JJ.
Appeal unanimously dismissed without costs as academic (see, Sujecki v O'Briskie, 59 A.D.2d 778; Tetrad Co. v Rosch, 15 A.D.2d 928).