Opinion
April 26, 1991
Appeal from the Supreme Court, Erie County, Mintz, J.
Present — Dillon, P.J., Callahan, Denman, Green and Pine, JJ.
Appeal unanimously dismissed without costs. Same Memorandum as in Gifaldi v. Dumont Co., ([appeal No. 1) 172 A.D.2d 1025 [decided herewith]).