Majority
p. 945Leroy Davis, Appellant, v City of Rochester et al., Defendants, and County of Monroe, Respondent. (Appeal No. 1. )
Appeal unanimously dismissed as academic (see, 10 Carmody-Wait 2d, NY Prac § 70:80). (Appeal from order of Supreme Court, Monroe County, Patlow, J. — summary judgment.) Present — Doerr, J. P., Boomer, Green, Balio and Davis, JJ.