
    Fred El-Amin, Appellant, v Joel Daniels et al., Respondents.
   Memorandum: The appeal has been deemed abandoned and dismissed pursuant to rule 1000.3 (b) (1) (22 NYCRR). We decline to vacate the dismissal because appellant has failed to demonstrate merit to the appeal. Present — Dillon, P. J., Doerr, Denman, Balio and Lawton, JJ.  