Majority
p. 945Joseph Cerullo, Respondent, v. John J. Cerullo et al., Appellants (Appeal No. 2)
Appeal unanimously dismissed as academic in view of decision in Cerullo v. Cerullo (40 A D 2d 945) decided herewith. (Appeal from order of Erie Special Term denying motion to vacate judgment granting summary. judgment.) Present — Goldman, P. J., Marsh, Moule and Henry, JJ.