
    Francis J. Kolber, Appellant, v. Erie County, Respondent.
   Judgment and order affirmed, with costs. All concur. (The judgment dismisses the complaint in an action for compensation in excess of military pay. The order denies plaintiff’s motion for summary judgment and grants defendant’s motion to dismiss.) Present — Cunningham, P. J., Taylor, Harris, McCurn and Larkin, JJ. [See post, p. 1034.]  