
    CNY Mechanical Associates, Inc., Respondent, v Fidelity and Guaranty Insurance Company, Appellant.
    [640 NYS2d 829]
   Memorandum: Ernstrom & Dreste has been disqualified in this action and should not be representing defendant on this motion. Moreover, there has been no showing that a trial may be commenced before the appeal is perfected. Present — Green, J. P., Fallon, Doerr, Balio and Davis, JJ.  