Opinion
November 15, 1989
Appeal from the Supreme Court, Erie County, Joslin, J.
Present — Callahan, J.P., Denman, Green, Pine and Lawton, JJ.
Appeal unanimously dismissed as academic without costs. Same memorandum as in Tavernier v Toner ([appeal No. 1] 155 A.D.2d 948 [decided herewith]).