
    University of Rochester, Respondent, v Wallace J. Wagner, as Assessor of the City of Rochester, et al., Appellants. (And Another Action.)
    Argued April 30, 1979;
    decided June 5, 1979
    
      APPEARANCES OF COUNSEL
    
      Louis N. Kash, Corporation Counsel (James S. Grossman, Merwyn M. Kroll and Bette M. Gould of counsel), for appellants.
    
      
      G. Robert Witmer, Jr., John R. McQueen and Ruth B. Rosenberg for respondent.
   OPINION OF THE COURT

Order affirmed, with costs, for the reasons stated in the opinion by Mr. Justice Reid S. Moule at the Appellate Division (63 AD2d 341).

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