—Appeal unanimously dismissed without costs as moot (see, Gelbard v Bodary, 270 AD2d 866 [decided herewith]). (Appeal from Order of Supreme Court, Monroe County, Polito, J. — Summary Judgment.) Present — Pigott, Jr., P. J., Wisner, Scudder and Lawton, JJ.
Bernard Gelbard, Respondent, v. A. Kirk Bodary, Appellant
270 A.D.2d 867705 N.Y.S.2d 910
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