
    In the Matter of King Service, Inc., Doing Business as King Fuels, Appellant, v Town Board, Town of Malta, Respondent.
    Argued March 20, 1990;
    decided April 26, 1990
    
      APPEARANCES OF COUNSEL
    
      Richard P. Walsh, Jr., and Mary Elizabeth Slevin for appellant.
    
      Earl Steenburg for respondent.
   OPINION OF THE COURT

Order affirmed, with costs, for the reasons stated in the memorandum of the Appellate Division (149 AD2d 806).

Concur: Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa.  