Majority
p. 893Mitchell T. Williams, Respondent, v Stanley K. Fisher, as Executor of Milton Fisher, Deceased, et al., Appellants. (Appeal No. 1.) [716 NYS2d 348]
—Appeal unanimously dismissed without costs (see, CPLR 5501 [a] [1]). (Appeal from Order of Supreme Court, Monroe County, Polito, J. — Summary Judgment.) Present — Pigott, Jr., P. J., Hayes, Hurlbutt, Scudder and Lawton, JJ.