
    Kathryn O’Donnell, as Administratrix of the Estate of Josephine I. Dengler, Deceased, Respondent, v County of Erie, Appellant.
    (Appeal No. 2.)
   Appeal unanimously dismissed without costs as academic. Memorandum: Although we need not decide the issues raised, we note that a party should not be permitted to renew a motion upon which he has prevailed (see, Diviak v Schulefand, 140 AD2d 950; Hugelmaier v Town of Sweden, 101 AD2d 996). (Appeal from order of Supreme Court, Erie County, Gossel, J. — settle record.) Present — Denman, J. P., Green, Pine, Lawton and Lowery, JJ.  