
    Buffalo and Erie County Public Library, Respondent, v County of Erie, Appellant.
    Argued September 15,1992;
    decided October 15, 1992
    
      APPEARANCES OF COUNSEL
    
      Patrick H. NeMoyer, County Attorney, Buffalo (Alan P. Gerstman of counsel), for appellant.
    
      Kennedy, Stoeckl & Martin, P. C., Buffalo (Patrick E. Martin of counsel), for respondent.
   OPINION OF THE COURT

Order affirmed, with costs, for the reasons stated in the opinion by Justice John P. Balio at the Appellate Division (171 AD2d 369).

Concur: Chief Judge Wachtler and Judges Simons, Kaye, Titone, Hancock, Jr., and Bellacosa. Taking no part: Judge Smith.  