August 5, 1991
Appeal from the Supreme Court, Orange County (Hopkins, J.H.O.).
Ordered that on the court's own motion, the appeal is dismissed as academic, without costs or disbursements.
In light of our determination affirming the dismissal of the complaint in this action (see, Carven Assocs. v American Home Assur. Corp., 175 A.D.2d 790 [decided herewith]), the instant appeal is rendered academic, and, accordingly, is dismissed. Mangano, P.J., Kooper, Harwood and Balletta, JJ., concur.