
    Robert Velez, by Richard Velez, as Conservator, Respondent-Appellant, v Jeffrey Kooken, Deceased, by Sheldon Kooken, as Administrator of the Estate of Jeffrey Kooken, Deceased, Defendant; Sutter’s Mining Co. of Syracuse, Inc., Respondent, and Sutter’s Mining Co., Inc., Appellant-Respondent.
   Order unanimously affirmed with costs for reasons stated at Special Term, Rossetti, J. (Appeals from order of Supreme Court, Erie County, Rossetti, J. — summary judgment.) Present — Dillon, P. J., Doerr, Green, Pine and Balio, JJ.  