Majority
p. 821In the Matter of Rodney D. James, Respondent, v R. Gil Kerlikowske, as Commissioner of Police of City of Buffalo, et al., Appellants. [707 NYS2d 746]
—Judgment unanimously affirmed without costs for the reasons stated in decision at Supreme Court, LaMendola, J. (Appeal from Judgment of Supreme Court, Erie County, LaMendola, J. — CPLR art 78.) Present — Green, A. P. J., Wisner, Pigott, Jr., Hurlbutt and Scudder, JJ.