
    Noel J. Brunell & Son, Inc., Respondent, v Town of Champlain et al., Respondents, and Tracy-Trombley Construction Co., Inc., Appellant.
    Argued March 27, 1979;
    decided April 26, 1979
    
      APPEARANCES OF COUNSEL
    
      Leslie F. Couch and Mary Anne Tommaney for appellant.
    
      Kenneth H. Holcombe for respondent.
   OPINION OF THE COURT

Order reversed, with costs, and the petition dismissed for the reasons stated in the dissenting memorandum by Madam Justice Ann T. Mikoll at the Appellate Division (64 AD2d 757-758).

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