STODDARD v. TOWN OF MARILLA

Order modified, with costs to defendants, by remitting the case to the Supreme Court, Erie County, for the entry of a declaratory judgment in favor of defendants in accordance with the memorandum at the Appellate Division ( 60 A.D.2d 771; see, also, Town of Pompey v Parker, 44 N.Y.2d 805; cf. Lanza v Wagner, 11 N.Y.2d 317, 334) and, as so modified, order affirmed.

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