
    Fourth Department,
    February, 1990
    (February 2, 1990)
    In the Matter of Anthony Tarquini, Petitioner, v Town of Aurora et al., Respondents.
   All concur, except Green and Lawton, JJ., who dissent and vote to confirm the determination in the same dissenting memorandum as in Matter of Town of Aurora v Tarquini (158 AD2d 905, 907 [decided herewith]). (Article 78 proceeding transferred by order of Supreme Court, Erie County, Ostrowski, J.) Present — Dillon, P. J., Callahan, Denman, Green and Lawton, JJ.  