Opinion
April 19, 1996
Appeal from the Supreme Court, Erie County, Kane, J.
Present — Green, J.P., Pine, Fallon, Callahan and Boehm, JJ.
Appeal unanimously dismissed without costs ( see, Smith v Catholic Med. Ctr. of Brooklyn Queens, 155 A.D.2d 435; see also, CPLR 5501 [a] [1], [2]).