Appeal unanimously dismissed without costs as academic (see, Kurtis v Allstate Ins. Co., 43 AD2d 954; Gorfinkel v First Natl. Bank, 19 AD2d 903, affd 15 NY2d 711). (Appeal from order of Erie County Family Court, Honan, J. — sexual abuse.) Present — Boomer, J. P., Green, Pine, Lawton and Davis, JJ.