
    Milton Berlin, Respondent, v Matthias O. Schlotthauer, Appellant, et al., Defendants.
   —In an action for a partition of certain real property, the defendant Matthias Schlotthauer appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Suffolk County (Orgera, J.), entered May 9, 1984, as held, in effect, that the plaintiff had title to the subject property.

Appeal dismissed as academic, without costs or disbursements (see, Berlin v Schlotthauer, 117 AD2d 768). Bracken, J. P., Lawrence, Fiber and Kooper, JJ., concur.  