People ex rel. Black v. Kelly (152 A.D.2d 1014, 1989)

Motion to vacate abandonment and dismissal of appeal denied. Memorandum: The motion is denied because the appeal is palpably without merit. (See, People ex rel. Dudley v Kelly, 128 AD2d 981.) Present — Doerr, J. P., Denman, Boomer, Pine and Davis, JJ.