
    In the Matter of Kenneth A. Kuczka, Appellant, v John V. Clark, as Commissioner of the Erie County Department of Personnel, et al., Respondents.
    Argued November 12, 1982;
    decided December 14, 1982
    
      APPEARANCES OF COUNSEL
    
      Barbara R. Heck James for appellant.
    
      Eugene F. Pigott, Jr., County Attorney (Justyn E. Miller of counsel), for respondent.
   OPINION OF THE COURT

Order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division (86 AD2d 980). Nor do we find any basis to disturb the determination implicit in the disposition in that court that appellant’s allegations of delay on the part of respondent commissioner in establishing the civil service list do not provide equitable grounds for the relief that he seeks.

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