Majority
p. 689In the Matter of Bernard Simmons, Appellant, v Department of Fire, City of Auburn, et al., Respondents.
Judgment unanimously affirmed, without costs, for reasons stated in memorandum decision at Trial Term, De Pasquale, J. (Appeal from judgment of Supreme Court, Cayuga County, De Pasquale, J. — art 78.) Present — Hancock, Jr., J. P., Callahan, Denman, Boomer and Schnepp, JJ.