
    Kathleen Poole, as Adminstratrix of the Estate of David L. Poole, Deceased, Respondent, v Consolidated Rail Corporation, Appellant.
    (Appeal No. 2.)
    [665 NYS2d 603]
   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, Glownia, J.—Set Aside Verdict.) Present—Green, J. P., Lawton, Hayes, Wisner and Boehm, JJ.  