Majority
p. 838Robert Kriesel, Appellant, v May Department Stores Company, Doing Business as Kaufmann’s and/or Kaufmann’s
p. 839Department Store, et al., Respondents. (Appeal No. 3.) [690 NYS2d 470]
—Appeal unanimously dismissed without costs (see, Smith v Catholic Med. Ctr., 155 AD2d 435 ; see also, CPLR 5501 [a] [1]). (Appeal from Order of Supreme Court, Onondaga County, Tormey, III, J. — Set Aside Verdict.) Present — Pine, J. P., Wisner, Hurlbutt, Scudder and Callahan, JJ.