Majority
p. 580James Steen, Respondent, v. Edward Dean, Appellant. City of Buffalo, Respondent, v. Edward Dean, Appellant. (Appeal No. 2.)
Appeal unanimously dismissed as academic. Same Memorandum as in Steen v. Dean ( 40 A D 2d 579 ) decided herewith. (Appeal from order of Erie Special Term denying motion for summary judgment.) Present — Del Vecchio, J. P., Marsh, Moule and Cardamone, JJ.