OPINION OF THE COURT
Per Curiam.The respondent died on October 17, 1990. Consequently, the proceeding has abated (see, CPLR 5016), and accordingly the petition must be dismissed.
*200Mangano, P. J., Thompson, Bracken, Brown and Lawrence, JJ., concur.Ordered that the petition is dismissed on the ground that the proceeding abated upon the death of the respondent.