Opinion
March 14, 1997.
Order unanimously affirmed without costs.
Present — Green, J.P., Pine, Doerr, Boehm and Fallon, JJ.
Supreme Court did not err in settling the record in the appeal from the order dismissing the complaint ( Stevenson v City of Rome, 237 AD2d 946 [decided herewith]; see, CPLR 5526). (Appeal from Order of Supreme Court, Oneida County, Shaheen, J. — Settle Record.)