Opinion
December 23, 1981
Appeal from the Monroe Supreme Court, Mastrella, J.
Present — Hancock, Jr., J.P., Callahan, Doerr, Moule and Schnepp, JJ.
Appeal dismissed as academic, in view of the decision in Michaels v Hartzell [Appeal No. 3] ( 85 A.D.2d 901). All concur, Schnepp, J., not participating.