
    William Marfurt, Doing Business as William Marfurt Landscaping & Excavating Co., Respondent, v College Park Associates, Appellant.
    (Appeal No. 2.)
    [643 NYS2d 463]
   Appeal unanimously dismissed without costs (see, Smith v Catholic Med. Ctr., 155 AD2d 435; see also, CPLR 5501 [a] [1]). (Appeal from Order of Supreme Court, Erie County, Mintz, J. — Set Aside Verdict.) Present — Pine, J. P., Wesley, Callahan, Doerr and Boehm, JJ.  