MILLER v. McCANN

Order entered on February 19, 1969, unanimously affirmed, with $30 costs and disbursements to respondent Herman's Taxi Service, Inc. The appeal from the order entered July 11, 1968, is dismissed as academic (7 Weinstein-Korn-Miller, N.Y. Civ. Prac., par. 5517.01). No opinion.

Concur — Stevens, P.J., Eager, McGivern and Steuer, JJ.