
    City of Rochester, Respondent, v Angelo Chiarella et al., Respondents, and Stephen J. Sercu et al., Appellants.
    Argued September 13, 1984;
    decided October 11, 1984
    
      APPEARANCES OF COUNSEL
    
      Joseph A. Regan and Mary Jane Angelone for appellants.
    
      Louis N. Kash, Corporation Counsel, for City of Rochester, respondent.
    
      Kenneth A. Payment for subclass A2, respondents.
    
      Edward H. Fox and Karl S. Essler for Angelo Chiarella, respondent.
    
      Byron Johnson for subclass B, respondents.
    
      Michael A. Rosenbloom for subclass C, respondents.
   OPINION OF THE COURT

Order affirmed, without costs, for the reasons stated in the opinion by Justice John H. Doerr at the Appellate Division (98 AD2d 8) other than as it relates to the Statute of Limitations defense, that defense having been withdrawn. Question certified answered in the affirmative. We add that on this appeal the effect of the claims of nonprotestors on the right of protestors to full refund is not before us.

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye.  