Majority
p. 1044John F. Driscoll, Individually and as Administrator of the Estate of John F. Driscoll, II, Deceased, Appellant, v Akron Fire Company, Inc., et al., Respondents. (Appeal No. 2.) [673 NYS2d 623]
—Appeal unanimously dismissed without costs (see, CPLR 5501 [a] [1]). (Appeal from Order of Supreme Court, Erie County, Michalek, J. — New Trial.) Present — Lawton, J. P., Hayes, Pigott, Jr., Boehm and Fallon, JJ.