Opinion
April 29, 1998
(Appeal from Order of Supreme Court, Oneida County, Shaheen, J. — Summary Judgment.)
Present — Green, J.P., Wisner, Pigott, Jr., Balio and Fallon, JJ.
Order insofar as appealed from unanimously reversed on the law without costs, motion granted and complaint against defendants City of Rome and City of Rome Police Department dismissed ( see, Pekarski v. Donovan, 247 A.D.2d 857).