
    John A. Smith, Appellant, v City of Troy, Respondent.
    Argued September 15, 1981;
    decided October 15, 1981
    
      APPEARANCES OF COUNSEL
    
      Jerome K. Frost for appellant.
    
      Domdd C. Bowes, Corporation Counsel (Donald J. Shanley of counsel), for respondent.
   OPINION OF THE COURT

Order affirmed, with costs. We cannot say as a matter of law that the Appellate Division abused its discretion.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.  