
    Landstrom Gravel Company, Inc., Appellant, v County of Tompkins, Respondent.
   —Levine, J.

Appeal from an order of the Supreme Court (Rose, J.), entered February 6, 1989 in Tompkins County, which, inter alia, granted defendant’s cross motion for summary judgment and made a declaration in its favor.

Order affirmed, with costs, upon the opinion of Justice Robert S. Rose. Mahoney, P. J., Weiss, Mikoll, Levine and Mercure, JJ., concur.  