
    In the Matter of Sibarco Stations, Inc., Respondent, v. Robert S. Risman et al., Constituting the Board of Safety of the City of Buffalo, Appellants.
   Judgment unanimously modified by deleting the second decretal paragraph, and as so modified affirmed, without costs. Memorandum: Upon denial of the motion to dismiss, the petitioner’s affirmative relief should not have been granted before permitting respondents appellants to answer (CPLR 7804, subd. Í.£]) • (Appeal from judgment of Erie Special Term, in article 78 proceeding.) Present — Del Vecchio, J. P., Marsh, Gabrielli, Moule and Henry, JJ.  