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This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
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3         No.   120       SSM 7
In the Matter of Kenneth J.
Munnelly,
                     Respondent,
          v.
Kathleen Newkirk, as Town Clerk
of the Town of Bethlehem, et al.,
                     Appellants,
et al.,
                     Respondents.




		Submitted by Thomas J. Spargo, for appellant Scaringe.
		Submitted by A. Joshua Ehrlich, for respondent Munnelly.

*   *   *   *   *   *   *   *   *   *   *   *   *   *   *   *   * On review of submissions pursuant to section 500.4 of the Rules, order affirmed, without costs, for the reasons stated in the Per Curiam Opinion at the Appellate Division.  Chief Judge Kaye and Judges Bellacosa, Smith, Levine, Ciparick, Wesley and Rosenblatt concur (__ AD2d __).

Decided June 30, 1999