
    Elmer H. Peters et al., Appellants, v Herbert Deppa, as Executor of Sherwood C. Peters, Deceased, Respondent.
    (Appeal No. 3.)
    [612 NYS2d 988]
   —Appeal unanimously dismissed without costs (see, Empire Ins. Co. v Food City, 167 AD2d 983, 984). (Appeal from Order of Supreme Court, Cayuga County, Corning, J. — Reargument.) Present — Denman, P. J., Balio, Lawton, Fallon and Davis, JJ.  