
    In the Matter of Florence Ellsman, a Person Alleged to be Incompetent. Marilyn Blaine, Appellant; James Rudolph, Respondent.
    Submitted February 4, 1991;
    decided April 2, 1991
   Motion for leave to appeal dismissed. Dismissal of the appeal taken as of right for lack of prosecution was a determination on the merits of all claims which could have been litigated had that appeal been timely argued or submitted (Bray v Cox, 38 NY2d 350). [See, 77 NY2d 835.]

Judge Titone taking no part.  