Bommer v. County of Erie

—Appeal and cross appeal dismissed without costs. Memorandum: Because we have reversed the order denying defendant’s motion to set aside the judgment and have granted defendant’s motion, the appeal and the cross appeal from the judgment are moot.

All concur, except Doerr, J. P., and Green, J., who dissent and vote to affirm. (Appeals from Judgment of Supreme Court, Erie County, Doyle, J. — Negligence.) Present — Doerr, J. P., Boomer, Green, Pine and Balio, JJ.