
    James C. Heaney, Appellant, v. County of Erie, Respondent, and Buffalo Philharmonic Orchestra Society, Inc., Intervenor, Respondent.
   Order unanimously affirmed, without costs of this appeal to any party. (Appeal from order of Erie Supreme Court dismissing the petition on the merits, in a proceeding to compel Erie County to collect money paid to the Buffalo Philharmonic Orchestra Society, Inc., and to restrain payment of such money in the future.) Present — Williams, P. J., Bastow, Goldman, McClusky and Henry, JJ.  