Majority
p. 880James Smith et al., Appellants, v Matthew H. Clark, as Trustee of Assets of Roman Catholic Diocese of Rochester, et al., Respondents. [730 NYS2d 896]
—Order unanimously affirmed without costs for reasons stated in decision at Supreme Court, Stander, J. (Smith v Clark, 185 Mise 2d 1). (Appeal from Order of Supreme Court, Monroe County, Stander, J. — Dismiss Pleading.) Present — Pigott, Jr., P. J., Green, Hayes, Burns and Lawton, JJ.