Majority
p. 979Key Bank of Western New York, N. A., Appellant, v Kessler Graphics Corporation et al., Defendants, and Morris Diamond, Individually and as an Officer of the Kessler Graphics Corporation and Another, and as a Partner of Southward Investments, et al., Respondents. (Appeal No. 2.) [608 NYS2d 130]
Appeal unanimously dismissed without costs as moot. Same Memorandum as in Key Bank v Kessler Graphics Corp. ( 199 AD2d 978 [decided herewith]). (Appeal from Order of Supreme Court, Erie County, Flaherty, J.—Renewal.) Present —Denman, P. J., Lawton, Doerr and Davis, JJ.