
    David L. Poole, Respondent, v Consolidated Rail Corporation, Appellant.
    (Appeal No. 3.)
   — Order affirmed without costs. Same Memorandum as in Poole v Consolidated Rail Corp. ([appeal No. 2] 178 AD2d 941 [decided herewith]).

All concur, except Boomer and Lawton, JJ., who dissent and vote to dismiss appeal as moot. (Appeal from Order of Supreme Court, Erie County, Flaherty, J. — Set Aside Verdict.) Present — Callahan, J. P., Boomer, Green, Lawton and Davis, JJ.  