Rucker v. Andress ( 1971 )

Appeal unanimously dismissed as academic. (See Matter of Saxton v. Hose, 9 A D 2d 778; Graffeo v. Graffeo, 7 A D 2d 741; 10 Carmody-Wait 2d, New York Practice, § 70:80). (Appeal from order of Erie Special Term granting motion for summary judgment.) Present — Del Vecchio, J. P., Gabrielli, Moule, Cardamone and Henry, JJ.