Majority
p. 1375Patricia J. Curto, Appellant, v Mark Diehl et al., Respondents. (Appeal No. 2.) [929 NYS2d 901]
It is hereby ordered that said appeal is unanimously dismissed without costs (see Empire Ins. Co. v Food City, 167 AD2d 983 , 984 [1990]). Present — Scudder, P.J., Smith, Lindley, Sconiers and Gorski, JJ.