Majority
p. 579In the Matter of James A. Sacco, as Supervisor of the Town of Niagara, Respondent, v Barbara Maruca et al., Constituting the Town Board of the Town of Niagara, Appellants. (Appeal No. 2.)
— Judgment unanimously affirmed with costs. Same Memorandum as in Matter of Sacco v Maraca ([appeal No. 1] 175 AD2d 578 [decided herewith]). (Appeal from Judgment of Supreme Court, Niagara County, Mintz, J. — Article 78.) Present — Callahan, J. P., Denman, Boomer, Balio and Lowery, JJ.