Opinion
December 31, 1998
Appeal from the Supreme Court, Erie County, Walawender, J. H. O.
Appeal and cross appeal unanimously dismissed without costs ( see, Smith v. Catholic Med. Ctr., 155 A.D.2d 435; see also, CPLR 5501 [a] [1]).
Present — Denman, P. J., Hayes, Wisner, Callahan and Boehm, JJ.