Majority
p. 1347Kelvin Seawright, Respondent, v Omar M. Crooks et al., Appellants. (Appeal No. 2.) [929 NYS2d 919]
It is hereby ordered that said appeal is unanimously dismissed without costs (see Smith v Catholic Med. Ctr. of Brooklyn & Queens, 155 AD2d 435 [1989]; see also CPLR 5501 [a] [1], [2]). Present — Scudder, EJ, Peradotto, Garni, Gorski and Martoche, JJ.