
    Kathryn O’Donnell, as Administratrix of the Estate of Josephine I. Dengler, Deceased, Respondent, v County of Erie, Appellant.
    (Appeal No. 3.)
   Appeal unanimously dismissed without costs as academic. Same memorandum as in O’Donnell v County of Erie ([appeal No. 2] 159 AD2d 982 [decided herewith]). (Appeal from order of Supreme Court, Erie County, Gossel, J. — dismiss complaint.) Present — Denman, J. P., Green, Pine, Lawton and Lowery, JJ.  