Ziecker v. Town of Orchard Park (147 A.D.2d 976, 1989)

— Appeal dismissed as academic without costs. All concur, except Pine and Davis, JJ., who dissent and vote to affirm in the same dissenting memorandum as in Ziecker v Town of Orchard Park ([appeal No. 1] 147 AD2d 974 [decided herewith]). (Appeal from order of Supreme Court, Erie County, Fallon, J. — set aside verdict.) Present — Denman, J. P., Boomer, Pine, Balio and Davis, JJ.