
    In the Matter of the Estate of Rudolph Yelen, Deceased. David Wainapel, Appellant; Jacques Yelen, Respondent.
   Motion by respondent to dismiss appeal of David Wainapel from a decree of the Surrogate’s Court, dated July 7, 1971. Motion granted and said appeal dismissed, without costs, in view of the disposition of Matter of Yelen (38 A D 2d 832) decided herewith. Appellant Wainapel concedes that his position and the position of appellant George J. Kent were the same with regard to the decree appealed from. Latham, Acting P. J., Shapiro, Gulotta and Christ, JJ., concur.  