Opinion
Decided November 15, 1984
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Joseph J. Ricotta, J.
Leonard Berkowitz for appellants.
Thomas E. Andruschat for respondent.
Christopher T. Greene for Aurora Concerned Citizen's Group, amicus curiae.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed, with costs, for the reasons stated in the memorandum at the Appellate Division ( 103 A.D.2d 1022), noting that the factual determinations of that court more nearly comport with the weight of the evidence.
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.