MARINE MIDLAND BANK v. COHEN

Weiss, J.

The parties in this action to recover on a note accompanying a secondary mortgage on property owned by defendants at 33-35 Court Street in the City of Binghamton have advised this court that a settlement has been reached. This being the case, the controversy is moot and we discern no reason to accede to plaintiff's request to render an advisory decision on the issues raised (see, Matter of Starmer v. Whitney Point Cent. School Dist., 96 A.D.2d 640).

Appeal dismissed, as moot, without costs. Mahoney, P.J., Main, Weiss, Yesawich, Jr., and Levine, JJ., concur.