
    Samuel E. Kelly, Respondent, v. George Leary Construction Company, Appellant.
   It appears from the record that proper service of process has been made, and that the action is now at issue and undetermined. The question presented in the present appeal, therefore, is purely academic. Under these circumstances, the appeal is dismissed, with ten dollars costs and disbursements. Kelly, P. J., Jaycox, Manning, Young and Kapper, JJ., -concur.  