
    Daniel Tavernier, Plaintiff, v Irving J. Toner, as President and Treasurer of Warsaw Television Cable Corp., et al., Defendants and Third-Party Plaintiffs-Appellants. John B. Elliott, Third-Party Defendant-Respondent.
    (Appeal No. 2.)
   Appeal unanimously dismissed as academic without costs. Same memorandum as in Tavernier v Toner ([appeal No. 1] 155 AD2d 948 [decided herewith]). (Appeal from order of Supreme Court, Erie County, Joslin, J. — -dismiss complaint.) Present— Callahan, J. P., Denman, Green, Pine and Lawton, JJ.  