
    Batavia Kill Watershed District in the County of Greene, Respondent, v Charles O. Desch, Inc., et al., Appellants.
    Argued September 2, 1982
    decided October 5, 1982
    
      APPEARANCES OF COUNSEL
    
      Leslie F. Couch for appellants.
    
      Larry F. Gardner and Walter J. Heffernan for respondent.
   OPINION OF THE COURT

Order affirmed, with costs, for reasons stated in the opinion by former Justice J. Clarence Herlihy at the Appellate Division (83 AD2d 97). Question certified answered in the affirmative.

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg and Meyer. Taking no part: Judge Gabrielli.  