
    Gordon I. Stoddard, Appellant, v Town of Marilla et al., Respondents.
    Argued January 3, 1979;
    decided February 8, 1979
    
      APPEARANCES OF COUNSEL
    
      Evan E. James, Raymond F. Roll and Frank S. Kedzielawa for appellant.
    
      George R. Blair and Paul W. Mathias for respondent.
   OPINION OF THE COURT

Order modified, with costs to defendants, by remitting the case to the Supreme Court, Erie County, for the entry of a declaratory judgment in favor of defendants in accordance with the memorandum at the Appellate Division (60 AD2d 771; see, also, Town of Pompey v Parker, 44 NY2d 805; cf. Lanza v Wagner, 11 NY2d 317, 334) and, as so modified, order affirmed.

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