Opinion
November 15, 1995
Appeal from the Supreme Court, Erie County, Rath, Jr., J.
Present — Lawton, J.P., Fallon, Callahan, Davis and Boehm, JJ.
Appeal unanimously dismissed without costs (see, Smith v Catholic Med. Ctr., 155 A.D.2d 435; see also, CPLR 5501 [a] [1]).