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Full opinion text

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the same Memorandum as in Hitchings v Village of Sylvan Beach (221 AD2d 926 [decided herewith]). (Appeal from Order of Supreme Court, Oneida County, Grow, J.—Summary Judgment.) Present—Denman, P. J., Lawton, Fallon, Balio and Boehm, JJ.