BATAVIA KILL WATERSHED DISTRICT v. CHARLES O. DESCH

Order affirmed, with costs, for reasons stated in the opinion by former Justice J. CLARENCE HERLIHY at the Appellate Division ( 83 A.D.2d 97). Question certified answered in the affirmative.

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER. Taking no part: Judge GABRIELLI.