Majority
p. 882In the Matter of Edward Simmons, as Member of the Board of Appeals, Town of West Seneca, Appellant, v. Chester Germaine et al., Constituting the Town Board of the Town of West Seneca, Respondents.
Order unanimously affirmed, without costs of this appeal to any party. (Appeal from order of Erie Special Term denying petitioner’s motion in Proceeding 3 to direct the Town Board of West Seneca to appoint counsel to defend. Proceedings Nos. 1 and 2.) Present—Williams, P. J., Bastow, Goldman, McClusky and Henry, JJ.