Opinion
April 19, 1996
Appeal from the Supreme Court, Niagara County, Rath, Jr., J.
Present — Denman, P.J., Green, Fallon, Callahan and Doerr, J.
Appeal unanimously dismissed without costs ( see, Smith v Catholic Med. Ctr., 155 A.D.2d 435; see also, CPLR 5501 [a] [1]).