Opinion
November 15, 1989
Appeal from the Supreme Court, Chautauqua County, Ricotta, J.
Present — Callahan, J.P., Boomer, Pine, Lawton and Davis, JJ.
Appeal dismissed as moot without costs. Same memorandum as in Spiegel v Gnadzinski ([appeal No. 1] 155 A.D.2d 899 [decided herewith]).
All concur, except Boomer and Lawton, JJ., who dissent and vote to affirm, in same dissenting memorandum as in Spiegel v Gnadzinski (supra).