Webber v. City of Dunkirk (226 A.D.2d 1052, 1996)

Order affirmed without costs. Same Memorandum as in Webber v City of Dunkirk (226 AD2d 1050 [decided herewith]).

All concur except Lawton and Balio, JJ., who dissent in part and vote to modify in the same dissenting Memorandum as in Webber v City of Dunkirk (226 AD2d 1050, 1051 [decided herewith]). (Appeals from Order of Supreme Court, Chautauqua County, Gerace, J.—Labor Law.) Present—Denman, P. J., Law-ton, Wesley, Balio and Davis, JJ.