¶1Appeal unanimously dismissed as academic without costs. Same memorandum as in Tavernier v Toner ([appeal No. 1] 155 AD2d 948 [decided herewith]). (Appeal from order of Supreme Court, Erie County, Joslin, J. — -dismiss complaint.) Present— Callahan, J. P., Denman, Green, Pine and Lawton, JJ.
155 A.D.2d 949
Tavernier v. Toner
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 1989
Appellate Division of the Supreme Court of the State of New York · decided 1989-11-15
Decided 1989-11-15