THOMPSON v. COUNTY OF ERIE

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

On the record before us, it cannot be said as a matter of law that the Appellate Division abused its discretion in granting defendant's cross motion for summary judgment dismissing the complaint herein.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and KAYE concur; Judge SIMONS taking no part.

Order affirmed, with costs, in a memorandum.