Majority
p. 908In the Matter of Peter Marcus, Appellant, v County of Cattaraugus, Respondent. [730 NYS2d 903]
—Judgment unanimously affirmed without costs for the reasons stated in decisions at Supreme Court, Himelein, J. (Appeal from Judgment of Supreme Court, Cattaraugus County, Himelein, J. — CPLR art 78.) Present — Pigott, Jr., P. J., Green, Pine, Scudder and Lawton, JJ.