
    Birt Smith, Plaintiff, v. John L. Smith, Respondent, and Lyman C. Smith, Appellant. Birt Smith, Plaintiff, v. John L. Smith, Appellant, and Lyman C. Smith, Respondent. Birt Smith, Plaintiff, v. John L. Smith, Respondent, and Lyman C. Smith and Others, Appellants.
   —In each case appeal transferred to the Appellate Division, Third Department, to be there heard and determined, pursuant to section 381 of the Code of Civil Procedure. Kruse, P. J., not sitting.  