
    [716 NE2d 182, 694 NYS2d 346]
    In the Matter of Kenneth J. Munnelly, Respondent, v Kathleen Newkirk, as Town Clerk of the Town of Bethlehem, et al., Appellants, et al., Respondents.
    Decided June 30, 1999
    
      APPEARANCES OF COUNSEL
    
      Bernard Kaplowitz, Town Attorney of Town of Bethlehem, Delmar, for Kathleen Newkirk, appellant.
    
      Thomas J. Spargo, East Berne, for George Scaringe, appellant.
    A. Joshua Ehrlich, Albany, for Kenneth J. Munnelly, respondent.
   OPINION OF THE COURT

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, without costs, for the reasons stated in the Per Curiam opinion at the Appellate Division (262 AD2d 781).

Concur; Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick, Wesley and Rosenblatt.  