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JOHN A. SMITH, Appellant, v. CITY OF TROY, Respondent.

Order affirmed, with costs. We cannot say as a matter of law that the Appellate Division abused its discretion.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.

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SMITH v. CITY OF TROY
(Oct 15, 1981)