—Motion for reargument granted and, upon reargument, decision filed May 7, 1999 and ordering paragraph of order entered May 7, 1999 are vacated and decision and order are to provide as follows: Proceeding unanimously dismissed without costs as moot. Present — Lawton, J. P., Hayes, Wisner, Hurl-butt and Scudder, JJ. [See, 261 AD2d 929.]