Opinion
April 19, 1996
Appeal from the Supreme Court, Chautauqua County, Gerace, J.
Present — Denman, P.J., Lawton, Wesley, Balio and Davis, JJ.
Order affirmed without costs. Same Memorandum as in Webber v City of Dunkirk ( 226 A.D.2d 1050 [decided herewith]).
All concur except Lawton and Balio, JJ., who dissent in part and vote to modify in the same dissenting Memorandum as in Webber v. City of Dunkirk ( 226 A.D.2d 1050, 1051 [decided herewith]).