O'DONNELL v. COUNTY OF ERIE

Appeal unanimously dismissed without costs as academic. Memorandum: Although we need not decide the issues raised, we note that a party should not be permitted to renew a motion upon which he has prevailed (see, Diviak v Schulefand, 140 A.D.2d 950; Hugelmaier v Town of Sweden, 101 A.D.2d 996).