Appellate Division of the Supreme Court of the State of New York October 2, 1998, Appeal No. 1 (D'Onofrio v. Boehlert)

Appeal and cross appeal unanimously dismissed without costs (see, Matter of Eric D. [appeal No. 1], 162 AD2d 1051). (Appeals from Judgment of Supreme Court, Oneida County, Elliott, J.— Negligence.) Present — Green, J. P., Lawton, Callahan, Balio and Fallon, JJ.