Ordered that the the appeal is dismissed as academic, without costs or disbursements.
In view of our determination in the companion appeal (Shopsin v. Siben Siben, 189 A.D.2d 811 [decided herewith]), affirming the order denying the motion to dismiss the plaintiff's first action against the defendant to recover damages for legal malpractice, it is not necessary to address the merits of the plaintiff's arguments on this appeal. Thompson, J.P., Balletta, Rosenblatt and Eiber, JJ., concur.