Majority
p. 604Gifford R. Timian et al., Respondents, v Arnold R. Timian, as Executor of Gifford C. Timian, Deceased, et al., Appellants.
— Order unanimously affirmed, with costs, for reasons stated at Supreme Court, Murphy, J. (Appeal from order of Supreme Court, Oneida County, Murphy, J. — dismiss complaint.) Present — Callahan, J. P., Doerr, Denman, Balio and Schnepp, JJ.