HASBROUCK v. CITY OF GLOVERSVILLE

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 ( 102 A.D.2d 905). The affidavit of the eyewitness which was not before the courts below cannot be considered.

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE.