
    In the Matter of Louis R. Barone, Appellant, v City of Dunkirk et al., Respondents.
    Argued September 18, 1978;
    decided October 24, 1978
    
      APPEARANCES OF COUNSEL
    
      Anthony J. De Marie for appellant.
    
      Daniel R. Polowy for respondents.
   OPINION OF THE COURT

Order affirmed, with costs, on the memorandum at the Appellate Division (57 AD2d 1040; see, also, Matter of Antonucci v Port Chester-Rye Union Free School Dist, 42 NY2d 878; but cf. Matter of Harris v Mechanicville Cent School Dist., 45 NY2d 279, 284-285).

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