Order unanimously affirmed without costs. Memorandum: Supreme Court *947did not err in settling the record in the appeal from the order dismissing the complaint (Stevenson v City of Rome, 237 AD2d 946 [decided herewith]; see, CPLR 5526). (Appeal from Order of Supreme Court, Oneida County, Shaheen, J.—Settle Record.) Present—Green, J. P., Pine, Doerr, Boehm and Fallon, JJ.