
    Bernard Gelbard, Respondent, v A. Kirk Bodary, Appellant.
    (Appeal No. 2.)
    [705 NYS2d 910]
   —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.  