BUFFALO AND ERIE COUNTY PUBLIC LIBRARY, RESPONDENT, v. COUNTY OF ERIE, APPELLANT.
80 N.Y.2d 938, 605 N.E.2d 867, 591 N.Y.S.2d 131 (1992).
October 15, 1992

4 No. 190

Decided October 15, 1992

This memorandum is uncorrected and subject to revision before publication in the New York Reports.

Alan P. Gerstman, for Appellant.
Patrick E. Martin, for Respondent.

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Order affirmed, with costs, for the reasons stated in the opinion by Justice John P. Balio at the Appellate Division (171 AD2d 369). Chief Judge Wachtler and Judges Simons, Kaye, Titone, Hancock and Bellacosa concur. Judge Smith took no part.