| NY | Feb 5, 1980

OPINION OF THE COURT

Order affirmed, with costs, for reasons stated in the memorandum at the Appellate Division (67 AD2d 1056; see, also, Matter of Beary v City of Rye, 44 NY2d 398).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.

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