Appellate Division of the Supreme Court of the State of New York November 30, 1972, Appeal No. 2 (Cerullo v. Cerullo)

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.