Opinion
September 30, 1994
Appeal from the Supreme Court, Erie County, Joslin, J.
Present — Lawton, J.P., Fallon, Wesley, Callahan and Davis, JJ.
Appeal unanimously dismissed without costs (see, Smith v Catholic Med. Ctr., 155 A.D.2d 435; see also, CPLR 5501 [a] [2]).