Majority
p. 830Mark L. Schmidt, Appellant, v Massachusetts Mutual Life Insurance Company et al., Respondents. [678 NYS2d 764]
Order unanimously affirmed without costs for reasons stated in decision at Supreme Court, Hurlbutt, J. (Appeal from Order of Supreme Court, Onondaga County, Hurlbutt, J. — Dismiss Pleading.) Present — Green, J. P., Lawton, Callahan, Balio and Fallon, JJ.